David Dyzenhaus

Dados Biográficos

ID222203
NOMEDavid Dyzenhaus
PRENOMESDavid
SOBRENOMEDyzenhaus
ASSINATURADYZENHAUS D
AFILIAÇÕESUniversity of Toronto
ORCID0000-0002-6976-0716
VERIFICADOSim
TOTAL DE OBRAS53
TOTAL DE CITAÇÕES45
TOTAL COMO AUTOR49
TOTAL COMO EDITOR4
PRIMEIRO ANO DE PUBLICAÇÃO1986
ANO MAIS RECENTE DE PUBLICAÇÃO2026
ÍNDICE H4

  • Hans Kelsen on Constitutional Democracy

    Open AccessPeter Langford, Matthias Jestaedt et al.BOOKHans Kelsen on Constitutional…2026

    This volume challenges conventional interpretations by demonstrating that Hans Kelsen was far from being a purely formalist thinker. Instead, it highlights his profound and enduring engagement with the threats facing constitutional democracies. The political and institutional upheavals of interwar Europe significantly influenced Kelsen's evolving vision of democracy, as this volume shows. His contributions to twentieth-century democratic theory i…

  • Private citizen of the world

    David DyzenhausARTICLEUniversity of Toronto Law Journal2024

  • Franz Neumann and Ernst Fraenkel on the Liberal Democratic Constitutional Project

    Open AccessDavid DyzenhausARTICLEAJIL Unbound2023

    I want to explore a tension in Anna Saunders's rich argument because it confronts much scholarship critical of what we can think of as the liberal democratic constitutional project (LDCP), and which has its roots in debates in the late nineteenth and early twentieth centuries sparked by the Marxist critique of capitalism. The tension is between the following two claims that she makes in her article, “Constitution-Making as a Technique of Internat…

  • Positivismo e totalitarismo

    Open AccessDavid DyzenhausARTICLERevista da Faculdade de Direito2023

    O artigo argumenta que o positivismo jurídico de H. L. A. Hart é vulnerável à crítica de dar sustentação a regimes autoritários ou totalitários. Para isso, se reconstrói o argumento de Hart em seu artigo “Positivism and the Separation of Law and Morals”, mostrando que, nele, Hart nega uma conexão necessária entre direito e moral e, ao mesmo tempo, afirma uma conexão necessária entre direito e autoridade. Com isso, seu positivismo jurídico assume …

  • The Long Arc of Legality

    Open AccessDavid DyzenhausBOOKLong Arc of Legality2021

    The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural 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. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brin…

  • Schmittean logic

    Open AccessDavid DyzenhausARTICLEPhilosophy & Social Criticism2021Referências: 6

    I argue that Schmitt was a faux jurist and that is important to understand ‘Schmittean’ logic. This is a logic which aims to undermine democracy and the rule of law which is not unique to Schmitt and is at play in our contemporary world

  • Long Arc of Legality

    David DyzenhausBOOKLong Arc of Legality2021

  • The Inevitable Social Contract

    Open AccessDavid DyzenhausARTICLERes Publica. Revista de Historia…2020Referências: 3

  • Sovereignty

    Hermann Heller, David DyzenhausBOOKSovereignty2019

    This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” a…

  • Introduction

    David DyzenhausARTICLEUniversity of Toronto Law Journal2016

  • Kelsen, Heller and Schmitt

    David DyzenhausARTICLETheoretical Inquiries in Law2015

    Eyal Benvenisti has sought to provide an optimistic account of international law through reconceptualizing the idea of sovereignty as a kind of trusteeship for humanity. He thus sketches a welcome antidote to trends in recent work in public law including public international law that claim that international law is no more than a cloak for economic and political interests, so that all that matters is which powerful actor gets to decide. In this A…

  • Process and Substance as Aspects of the Public Law Form

    Open AccessDavid DyzenhausARTICLEThe Cambridge Law Journal2015

    I argue that process and substance are two aspects of the public law form and that the form conditions the content of the law. The reduction of a political programme to the explicit terms of a statute involves a conversion of policy into public standards, which produces a kind of legal surplus value. It brings into being a particular type of public standard – one that permits the operation of the principles identified by Lon L. Fuller as the desi…

  • Law, Liberty and State

    Open AccessNehal Bhuta, Hans Lindahl et al.BOOKLaw, Liberty and State2015

    Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his …

  • Law, Liberty and State

    David Dyzenhaus, Thomas PooleBOOKLaw, Liberty and State2015

  • The Concept of the Rule-of-Law State in Carl Schmitt’s Verfassungslehre

    David Dyzenhaus, Jens Meierhenrich et al.BOOKThe Oxford Handbook of Carl Schmitt2014

    This chapter focuses on Schmitt’s critique of the rule of law in his Constitutional Theory. Schmitt argues that liberalism, which once tied the rule of law to the protection of individual liberty, has deteriorated into an account in which any valid law is considered legitimate just because it is valid. This critique is driven by Schmitt’s conception of politics, and, as his oral argument in a crucial constitutional case of 1932 illustrates, his p…

  • Hobbes on the International Rule of Law

    Open AccessDavid DyzenhausARTICLEEthics & International Affairs2014Citada por: 2Referências: 1

    Perhaps the most influential passage on the rule of law in international law comes from chapter 13 of Thomas Hobbes's Leviathan . In the course of describing the miserable condition of mankind in the state of nature, Hobbes remarks to readers who might be skeptical that such a state ever existed that they need only look to international relations—the relations between independent states—to observe one: But though there had never been any time, wh…

  • The End of the Road to Serfdom

    David DyzenhausARTICLEUniversity of Toronto Law Journal2013

    This a review article of Martin Loughlin, Foundations of Public Law (Oxford: Oxford University Press, 2010). The promise of the book is that the retrieval of public law understood as a prudential discourse of public right will show us how liberal democratic societies have learned to negotiate between the horns of the fundamental dilemma Loughlin supposes we face. This is the dilemma articulated by Rousseau: on the one hand, a society has to take …

  • Constitutionalism in an old key

    Open AccessDavid DyzenhausARTICLEGlobal Constitutionalism2012Citada por: 7

    I argue that legal and constitutional theory should avoid the idea of constituent power. It is unhelpful in seeking to understand the authority of law and the place of written constitutions in such an understanding. In particular, it results in a deep ambivalence about whether authority is located within or without the legal order. That ambivalence also manifests itself within positivist legal theory, which explains the affinity between theories …

  • Response to Ian Shapiro, ‘On Non-domination’

    David DyzenhausARTICLEUniversity of Toronto Law Journal2012

  • Positivism and the Pesky Sovereign

    Open AccessDavid DyzenhausARTICLEEuropean Journal of International…2011

    I argue that Hans Kelsen anticipated the main contribution of Jeremy's Waldron's article: the idea that the place of nation states in the international legal order is akin to that of administrative agencies in the domestic legal order, and thus as wielding delegated rather than original authority. For both wish to understand sovereignty as a kind of metaphor for the unity of a legal system rather than as a pre-legal entity. However, legal positiv…

  • Emergency, Liberalism, and the State

    Open AccessDavid DyzenhausARTICLEPerspectives on Politics2011Citada por: 3Referências: 9

    Outside the Law: Emergency and Executive Power. By Clement Fatovic. Baltimore: Johns Hopkins University Press, 2009. 368p. $55.00.Emergency Politics: Paradox, Law, Democracy. By Bonnie Honig. Princeton: Princeton University Press, 2009. 218p. $26.95.States of Emergency in Liberal Democracies. By Nomi Claire Lazar. New York: Cambridge University Press, 2009. 190p. $80.00.In the wake of 9/11, many political scientists and theorists in the United St…

  • The Very Idea of a Judge

    David DyzenhausARTICLEUniversity of Toronto Law Journal2010

    I argue that we cannot have legal order without judges who have an understanding of legal principles that transcends the law of their land. But this is an understanding of the principles of legality, rather than of the moral content of the law. Moreover, the reason we cannot have legal order without judges is that law must claim not only authority but also legitimate authority over its subjects. It follows that the willingness to engage in any ki…

  • The Puzzle of Martial Law

    David DyzenhausARTICLEUniversity of Toronto Law Journal2009

    Martial law is thought to be not a complete absence of law, nor a special kind of lawa scheme of legal regulation -but, rather, an absence of law prescribed by law under the concept of necessity -a legal black hole, but one created, perhaps even in some sense bounded, by law.A.V. Dicey claimed that martial law in this sense is 'unknown to the law of England,' which is 'unmistakable proof of the permanent supremacy of the law under our constitutio…

  • The Puzzle of Martial Law

    David DyzenhausARTICLEUniversity of Toronto Law Journal2009Citada por: 4

    Martial law is thought to be not a complete absence of law, nor a special kind of law – a scheme of legal regulation – but, rather, an absence of law prescribed by law under the concept of necessity – a legal black hole, but one created, perhaps even in some sense bounded, by law. A.V. Dicey claimed that martial law in this sense is ‘unknown to the law of England,’ which is ‘unmistakable proof of the permanent supremacy of the law under our const…

  • How Hobbes Met the ‘Hobbes Challenge’

    Open AccessDavid DyzenhausARTICLEModern Law Review2009Citada por: 1