U of T legal scholar honoured for contributions to legal philosophy, defending rule of law
David Dyzenhaus鈥檚 scholarly interests were shaped during his legal studies at the University of the Witwatersrand in Johannesburg, at a time when South Africa鈥檚 apartheid regime held total sway.
鈥淚 thought there must be more to law than what a government with a total grip on power enacted, as lawyers were able to find legal resources to resist oppression and discrimination despite the fact that there was no written constitution,鈥 says Dyzenhaus, a at the University of Toronto鈥檚 Faculty of Law and the Faculty of Arts & Science's department of philosophy.
鈥淟awyers鈥 found legal resources despite all of this to resist what was being visited on the majority of South Africans by law. That made administrative law 鈥 a seemingly boring subject 鈥 very interesting.鈥
That feature of legal order led to a career-long fascination with the rule of law and administrative law, the substantive area of law he teaches.
Dyzenhaus鈥檚 exceptional contributions to his field were recognized with a . The medal is the council鈥檚 highest honour and is awarded to an individual whose leadership, dedication and originality of thought have inspired students and colleagues.
鈥淒avid is a renowned scholar and teacher, celebrated by peers and students alike,鈥 said University Professor Jutta Brunn茅e, dean of the Faculty of Law. 鈥淚t signals a lifetime of academic achievement and extraordinary expertise to receive this very special prize from the Social Sciences and Humanities Research Council of Canada.鈥
A fellow of the Royal Society of Canada and corresponding fellow of the British Academy, Dyzenhaus researches the idea of legality in philosophy of law and political thought, constitutionalism, and the modern legal state.
In the department of philosophy, he teaches an introductory course on the philosophy of law as well as undergraduate and graduate courses on political and legal philosophy. He also taught a first-year humanities seminar titled 鈥淭rump, the rule of law, and the rise of illiberal democracy鈥.
鈥淭hroughout his career, David has produced a body of work of unusual depth and importance.鈥 said Professor Martin Pickav茅, chair of the department of philosophy. 鈥淚t is wonderful to see his rich research now recognized with one of the country鈥檚 most important national awards.鈥
For Dyzenhaus, who holds the Albert Abel Chair of Law, teaching and research go hand in hand. 鈥淚 can't do research without talking to students about it, and I can't teach without it engaging directly with my interests,鈥 he said.
He says questions in legal philosophy are often posed in an abstract way: What is law? What is legal order? But Dyzenhaus says many countries have 鈥渢his thing simply known as 鈥榣aw鈥 and the issue for philosophy of law is to try to find an account of the nature of that thing.
鈥淲hen it comes to the more difficult question 鈥 what is the rule of law 鈥 the simple answer is that one has the rule of law when the state acts in accordance with law,鈥 he says. 鈥淪o if the state enacts law, and then its officials abide by the law they implement, the real question becomes whether if, in so doing, officials do something that's morally worthwhile.鈥
This spring, Dyzenhaus will take his expertise to the London, U.K.-based 鈥 a joint venture between U of T鈥檚 Faculty of Law and 20 other premier law schools 鈥 where he will teach courses on the philosophy of judicial review and the politics of legal space. The latter course, which Dyzenhaus will co-teach with his former student Kirsten Rundle, a professor at Melbourne University鈥檚 law school, will examine the dilemmas human rights lawyers face and how these are shaped by the legal spaces in which they operate.
鈥淪uch lawyers know that when they're using legal resources to struggle against legalized oppression, they're not going to be able to overturn an oppressive regime and might actually help to legitimate it,鈥 says Dyzenhaus.
His next research project will examine the social basis for law through the lens of social theory and sociology, and explore how individuals participate in society鈥檚 constitutional foundation.
"It鈥檚 not what people do in their daily lives, but what happens when they engage a lawyer, and through that lawyer, participate in the legal order,鈥 Dyzenhaus said.