Document Type
Article
Publication Date
9-2010
Source Publication
Legal Theory
Keywords
jurisprudence; public law & legal theory; legal ethics--philosophy; social, political & legal philosophy
Abstract
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Repository Citation
Tanguay-Renaud, François. "The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality." Legal Theory 16 (2010): 161-189.
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