Kelsen's Philosophy of International Law, or Why Hart was Wrong about Kelsen and Monism - David Dyzenhaus
Thu 22 October 2020
The Edinburgh Centre for International and Global Law, The Centre for Ethics and Critical Thought and the Edinburgh Centre for Legal Theory present
Kelsen's Philosophy of International Law, or Why Hart was Wrong about Kelsen and Monism
Professor David Dyzenhaus, Professor of Law and Philosophy, University of Toronto
About the event
In this paper presentation, David Dyzenhaus will argue that Kelsen's account of the nature of international law and of the logical and normative necessity of monism is not refuted by Hart, and that Hart distorted Kelsen in order to refute him. Dyzenhaus claims that, properly understood, Kelsen's account of international law can illuminate how the philosophy of law might productively address some its central problems.
The paper will be sent to registered participants. A pre-read of the paper is highly desirable.
About the speaker
David Dyzenhaus is a professor of Law and Philosophy at the University of Toronto, and a Fellow of the Royal Society of Canada. He holds the Albert Abel Chair of Law and was appointed in 2015 to the rank of University Professor. He has taught in South Africa, England, Canada, Singapore, New Zealand, Hungary, Mexico and the USA. He holds a doctorate from Oxford University and law and undergraduate degrees from the University of the Witwatersrand, South Africa. In 2002, he was the Law Foundation Visiting Fellow in the Faculty of Law, University of Auckland. In 2005-06 he was Herbert Smith Visiting Professor in the Cambridge Law Faculty and a Senior Scholar of Pembroke College, Cambridge. In 2014-15, he was the Arthur Goodhart Visiting Professor in Legal Science in Cambridge. In 2016-17, he was a Fellow of the Wissenschaftskolleg zu Berlin. In 2020-21, he will be a Guggenheim Fellow.
Professor Dyzenhaus is the author of Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (now in its second edition), Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar, and Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. He has edited and co-edited several collections of essays. In 2004 he gave the JC Smuts Memorial Lectures to the Faculty of Law, Cambridge University. These were published by Cambridge University Press in 2006 as The Constitution of Law: Legality in a Time of Emergency. He is editor of the University of Toronto Law Journal and co-editor of the series Cambridge Studies in Constitutional Law.
This event is free and open to all but registration is required.