Law Commons^™

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

François Tanguay-Renaud

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.

Post Colonial Cosmopolitanism: Making Place For Nationalism, Rahul Roa, Robert Howse, Alice Maclachlan, François Tanguay-Renaud

François Tanguay-Renaud

Rahul Rao, School of Oriental & African Studies, University of London, expresses a number of dissatisfactions with the debate between cosmopolitanism and communitarianism in international normative theory.

Respondents: Robert Howse, New York University; Alice MacLachlan, York University, Philosophy.

Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos

François Tanguay-Renaud

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …

The Legitimacy Of International Human Rights, Samantha Besson, Sophia Reibetanz Moreau, François Tanguay-Renaud

François Tanguay-Renaud

Samantha Besson, Professor of Public International Law and European Law and Co-Director of the European Law Institute, Université de Fribourg, speaks about international human rights law and the philosophy of international law.

Respondent: Sophia Reibetanz Moreau, University of Toronto