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Law and Politics
  • Language: en
  • Pages: 187

Law and Politics

  • Categories: Law
  • Type: Book
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  • Published: 1993
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  • Publisher: Unknown

None

The Constitution of Law
  • Language: en

The Constitution of Law

  • Categories: Law

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

Hobbes and the Law
  • Language: en

Hobbes and the Law

  • Categories: Law

Hobbes's political thought provokes a perennial fascination. It has become particularly prominent in recent years, with the surge of scholarly interest evidenced by a number of monographs in political theory and philosophy. At the same time, there has been a turn in legal scholarship towards political theory in a way that engages recognisably Hobbesian themes, for example the relationship between security and liberty. However, there is surprisingly little engagement with Hobbes's views on legal theory in general and on certain legal topics, despite the fact that Hobbes devoted whole works to legal inquiry and gave law a prominent role in his works focused on politics. This volume seeks to remedy this gap by providing the first collection of specially commissioned essays devoted to Hobbes and the law.

Law and Morality
  • Language: en
  • Pages: 1076

Law and Morality

  • Categories: Law

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication a...

Law as Politics
  • Language: en
  • Pages: 318

Law as Politics

While antiliberal legal theorist Carl Schmitt has long been considered by Europeans to be one of this century's most significant political philosophers, recent challenges to the fundamental values of liberal democracies have made Schmitt's writings an unavoidable subject of debate in North America as well. In an effort to advance our understanding not only of Schmitt but of current problems of liberal democracy, David Dyzenhaus presents translations of classic German essays on Schmitt alongside more recent writings by distinguished political theorists and jurists. Neither a defense of nor an attack on Schmitt, Law as Politics offers the first balanced response to his powerful critique of lib...

The Unity of Public Law
  • Language: en
  • Pages: 496

The Unity of Public Law

  • Categories: Law

This book tackles the relationship between the common law of judicial review, the written constitution and public international law.

The Double-Facing Constitution
  • Language: en
  • Pages: 448

The Double-Facing Constitution

  • Categories: Law

Explores how constitutional orders engage with and are shaped by their exteriors.

Judging the Judges, Judging Ourselves
  • Language: en
  • Pages: 199

Judging the Judges, Judging Ourselves

5. Trial or Inquiry?

State of Exception
  • Language: en
  • Pages: 43

State of Exception

  • Type: Book
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  • Published: 2006
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  • Publisher: Unknown

None

Recrafting the Rule of Law
  • Language: en
  • Pages: 380

Recrafting the Rule of Law

  • Type: Book
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  • Published: 1999
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  • Publisher: Unknown

This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third,