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Hard Cases in Wicked Legal Systems

useful lessons about the meaning of African independence. Philip S. Zachernuk. Calgary Institute for the Humanities. University of Calgary. David Dyzenhaus. Hard Cases in Wicked Legal Systems: South African. Law in the Perspective of Legal Philosophy. New York: Oxford. University Press, 1991. 289 pp. The book is an ...

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The Legality of Evil or the Evil of Legality

DAVID DYZENHAUS, HARD CASES IN WICKED LEGAL SYSTEMS: SOUTH AFRICAN LAW IN THE. PERSPECTIVE OF LEGAL PHILOSOPHY (1991). 5. DAVID DYZENHAUS, HARD CASES IN WICKED LEGAL SYSTEMS: PATHOLOGIES OF LEGALITY (2d ed. 2010). 121. 1. Schauer: The Legality of Evil or the Evil of ...

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From wickedness to equality: The moral transformation of South

I would like to thank Steven Budlender for his assistance in the preparation of this article. 1 The most detailed discussion of this is probably to be found in DAVID DYZENHAUS, HARD CASES IN WICKED. LEGAL SYSTEMS: SOUTH AFRICAN LAW IN THE PERSPECTIVE OF LEGAL PHILOSOPHY (Oxford Univ. Press 1991) .

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Legal Positivism as Legal Information

CESS 175 (1975); DAVID DYZENHAUS, HARD CASES IN WICKED LEGAL SYSTEMS: SOUTH AFRICAN. LAW IN THE PERSPECTIVE OF LEGAL PHILOSOPHY at ix (1991); LON L. FULLER, THE LAW IN. QUEST OF ITSELF 128-40 (1940); John Dugard, The Judicial Process, Positivism and Civil Liberty,. 88 S. AFR. LJ.

viewcontent.cgi?article=2705&context=clr

Dworkin and Unjust Law

theory created by the sheer facticity of unjust laws and illegitimate legal systems. Indeed, in Justice for ... is under a legal duty to apply the repugnant ideology in hard cases since that ideology grounds the authority of the law ... Dworkin's interpretivism, urged the liberal judges on the South African bench to resign. He argued.

dyzenhaus-dworkin-and-unjust-law.pdf

DAVID DYZENHAUS

Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy. (Oxford: Clarendon Press, 1991); 2 nd edition as Hard Cases in Wicked Legal Systems: Pathologies of Legality (Oxford: Oxford University Press, 2010). Edited Books and Collections. David Dyzenhaus and Adam Tomkins, eds., ...

Dyzenhaus-CV-utoronto-philosophy.pdf

Conversations with Professor David Dyzenhaus by Lesley Dingle1

Jan 16, 2015 ... of government that is a mode of government different from governing according to law. 7 Karl Emil Maximilian "Max" Weber, (1864-1920), German sociologist, philosopher, and political economist. 8 Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (Oxford:.

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Ronald Dworkin

Philosophers of law do not dispute popular opinion but divide over an ..... the moral rights under the law ofthis particular legal order?" Dworkin sets out the bridge in "Hard Cases." Again ills foil is legal positivism, described as making two ...... Legal Systems: South African Lnw in the Perspective ofLegal Philosophy ( Oxford:.

rule_law_as_rule_liberal_principle.pdf

A Judge on Judging: The Role of a Supreme Court in a Democracy

Jan 1, 2002 ... For a discussion of the functioning of its judges during apartheid, their behavior, and the way they should have behaved, see DAVID DYZENHAUS, HARD CASES IN WICKED LEGAL SYSTEMS: SOUTH AFRICAN LAW. IN THE PERSPECTIVE OF LEGAL PHILOSOPHY (i9I); DAVID DYZENHAUS, JUDGING ...

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Law and Public Reason David Dyzenhaus"

perspective of this century's most influential positivist, H.L.A. Hart, who argues ... the existence of wicked legal systems like the South African one which continue ... is the role of moral principles in the determination of hard cases. Hard cases are cases where it is controversial what the law is on a matter. For positivists, it.

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Constitutional Ropes of Sand or Justiciable Guarantees Social

7 See DAVID DYZENHAUs, HARD CASES IN WICKED LEGAL SYSTEMS: SOUTH AFRICAN. LAW IN THE PERSPECTIVE OF LEGAL PHILOSOPHY 49-51 (1991) (discussing the response to apartheid of the South African judiciary); L.J. Boulle, Constitutional Law in South Africa 1976-1986, in LAW UNDER STRESS:  ...

viewcontent.cgi?article=3634&context=penn_law_review

Legal Positivism Morality NYU Draft 5 typos corrected

Germany, South African Apartheid). See, e.g., Robert M. Cover, Justice Accused: Antislavery and the Judicial. Process (New Haven: Yale University Press 1975); David Dyzenhaus, Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (Oxford: Clarendon Press, 1991). It has been  ...

Legal Positivism Morality NYU Draft 5 typos corrected.pdf

Alexandra D. Lahav

judges who decided cases under the Fugitive Slave Act); DAVID DYZENHAUS, HARD CASES IN. WICKED LEGAL SYSTEMS: SOUTH AFRICAN LAW IN THE PERSPECTIVE OF LEGAL PHILOSOPHY 269–70. (1991) (arguing that the application of Ronald Dworkin's theory of law by South African judges enabled them to ...

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LEGAL POSITIVISM vs. NATURAL LAW THEORY There are two

There are two “natural law” theories about two different things: i) a natural law theory of morality, or what's right and wrong, and ii) a natural law theory of positive law, or what's legal and illegal. The two theories are independent of each other: it's perfectly consistent to accept one but reject the other. Legal positivism claims ...

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Max Planck Encyclopedia of Public International Law

32 DAVID DYZENHAUS, HARD CASES IN WICKED LEGAL SYSTEMS: SOUTH AFRICAN LAW IN THE. PERSPECTIVE OF LEGAL PHILOSOPHY (1991). 33 See Simon Chesterman, Secrets and Lies: Intelligence Activities and the Rule of Law in Times of Crisis,. 28 MICH. J. INT'L L. 553 (2007). 34 JACQUES CHEVALLIER ...

Chesterman-An-International-Rule-of-Law-2005.pdf

Faculty Research Working Papers Series

14See David Dyzenhaus, Law's Mimicry of Law: Judging the Judges, Judging Ourselves: Truth,. Reconciliation and the Apartheid Legal Order (1998); David Dyzenhaus, Hard Cases in Wicked. Legal Systems: South African Law in the Perspective of Legal Philosophy (1991). 15See Coalition for Economic Equality v . Wilson ...

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A ideia central do positivismo jurídico1 The very idea of legal

Hard cases in wicked legal systems: south african law in the perspective of legal philosophy (Oxford, Clarendon, 1991), Legality and legitimacy: Carl Schmitt,. Hans Kelsen and Hermann Heller in Weimar (Oxford, Clarendon, 1997), Judging the judges, judging ourselves: truth, reconciliation and the apartheid legal order.

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What Is Legal Interpretation?

common law. See D. Dyzenhaus, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order (1998); D. Dyzenhaus, Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (1991). See also C. Sunstein, “Must. Formalism Be Defended Empirically?

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AUTHORITY AND AUTHORITIES

Nov 11, 2008 ... Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the. Juvenile Death ..... 13 L. & Phil. 313. (1994), and the racial laws of apartheid South Africa, David Dyzenhaus, Hard Cases ... in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy. (1991).

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HeinOnline PDF

Nov 15, 2010 ... include Robert Cover, Justice Accused: Antislavery and the Judicial Process ( New Haven: Yale University Press, 1975); David Dyzenhaus, Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (New York: Oxford University. F. Schauer. HeinOnline -- 35 Queen's ...

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