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5 - The Politics of Legal Space

Published online by Cambridge University Press:  13 January 2022

David Dyzenhaus
Affiliation:
University of Toronto
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Summary

Central to philosophy of law, I have argued, is the legal subject’s question ‘But, how can that be law for me?’ Chapter 4 explored that argument in an investigation of the interaction between the space of the modern legal state and law ‘beyond the state’. Here I investigate the difference made to the answer to the question when it is given in two different contexts: first, a context in which a legal space – one both constructed by law and ruled by law – interacts with another legal space; and, second, in a context in which a legal space interacts with a space of no-law. As we will see, the definition of a legal space as both constructed by law and ruled by law is important because law can be used to construct a space of no-law, a legal void or ‘black hole’, as Lord Steyn described the situation of detainees at the US base of Guantanamo.1 In such a space, prerogative or legally unmediated power rules.

Type
Chapter
Information
The Long Arc of Legality
Hobbes, Kelsen, Hart
, pp. 297 - 351
Publisher: Cambridge University Press
Print publication year: 2022

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