The Long Arc of Legality: Hobbes, Kelsen, Hart

The Long Arc of Legality challenges the current deadlock in philosophy of law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. It argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend to the politics of legal space and the way in which law provides us with a public conscience.

Format: Paperback / softback
Length: 489 pages
Publication date: 30 March 2023
Publisher: Cambridge University Press

The Long Arc of Legality is a groundbreaking work that challenges the current deadlock in philosophy of law between legal positivism and natural law. It demonstrates that any understanding of law as a matter of authority must account for the interaction between enacted law and fundamental principles of legality. This interaction shapes the content of law, providing officials with the moral resources to address legal questions. However, the question arises: How can this be law for me?

In order to address this question, David Dyzenhaus engages in a dialogue with Thomas Hobbes, Hans Kelsen, and H. L. A. Hart. He shows that philosophy of law must work with the idea of legitimate authority, which is based on the social contract. Dyzenhaus argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law. He also emphasizes that legal theory must attend to both the politics of legal space and the way in which law provides us with a public conscience.

The Long Arc of Legality offers a comprehensive and innovative approach to philosophy of law. It challenges traditional theories and provides a new framework for understanding the role of law in society. By integrating the ideas of legitimate authority, the social contract, and the politics of legal space, Dyzenhaus offers a valuable contribution to the field of legal philosophy. This work will be of interest to scholars, students, and practitioners alike, as it provides a fresh perspective on the complex relationship between law, authority, and morality.

Weight: 702g
ISBN-13: 9781009048866