37The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and LegalityLegal Theory 16 (3): 161-189. 2010.Some legal theorists deny that states can conceivably act extra-legally, 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.
28Individual Emergencies and the Rule of Criminal LawIn François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law, Hart Publishing. 2012.
8Making Sense of ‘Public’ EmergenciesPhilosophy of Management 8 (2): 31-53. 2009.In this article, I seek to make sense of the oft-invoked idea of ‘public emergency’ and of some of its radical moral implications. I challenge controversial claims by Tom Sorell, Michael Walzer, and Giorgio Agamben, and argue for a more discriminating understanding of the category and its moral force.
York UniversityDepartment of PhilosophyRegular Faculty
Faculty of Philosophy
Toronto, Ontario, Canada