Légalité et légitimité : Réflexions sur les leçons de Weimar selon David Dyzenhaus

How should one address the relationship between « legality » and « legitimacy » ? Faced with this fundamental issue, the author proposes an analysis and deliberation delving into the philosophy of law based on the major treatise of David Dyzenhaus entitled Legality and Legitimacy. Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar. He analyzes Dyzenhaus' proposal according to which the lessons to be drawn from Dyzenhaus' proposal according to which the lessons to be drawn from the failure of the Weimar Republic and its legal theoreticians, consist in electing a modern version of «jusnaturalism » emphasizing the democratic and ethical justification of law. At odds with this view, that the author criticizes, he prefers seeing legitimacy as that which arises from a perspective of the citizen as the author of law, which enables him to compare Habemas and Dyzenhaus.

This content has been updated on November 6, 2015 at 10 h 25 min.