Investigating the principle of reasona-bleness in the legal world requires—if the task is to be taken seriously—to take a journey directly to the roots of the concept of law and to the ultimate paradigms that inform its knowledge, just to find the beginning of a different and maybe harder path, heading to the idea of reason. The essays presented in this book do not aim to complete such journeys, but just to take some modest steps into them. Many con-cepts are thereby found, many more are left to be investigated. Meanwhile, between rationality and reasonableness, theory and practice, science and prudence, episteme and phronesis, a global need emerges: that to keep addressing the core of the ‘Rule of Reason’ in the law.
A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the ...
In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their ...
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions.
Practical Reasoning
With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its ...
In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.
This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Critical Introduction to Natural Law
This book defines structural inequality as a condition arising from unequal status attributed to a category of people in relation to others, a relationship perpetuated and reinforced by unequal relations in roles, functions, decision rights ...
He discusses in detail the work of Marx, Durkheim, G.H. Mead and Talcott Parsons, among others.