The first book to deal extensively with the presently much debated matter of reasonableness and law
Covers a subject at the center of legal debate in academia and practice
Contains contributions of the leading scholars in the field
The only work to focus on all the aspects of reasonableness and law in such great detail
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
Introduction Part I: Legal, Political and Constitutional Theorya) The Reasonableness of the Law 1. The Reasonableness of Law - Robert Alexy2. A Sufficientist Approach to Reasonableness in Legal Decision-making and Judicial Review- Giovanni Sartor 3. Reasonableness, Common Sense, and Science - Alberto Artosib) The Moral and Political Dimension of Reasonableness 1. Reciprocity, Balancing and Proportionality: Rawls and Habermas on Moral and Political Reasonableness - Giorgio Bongiovanni and Chiara Valentini2. Law, Liberty and Reason - Philip Pettit3. 'Reasonableness' and Value Pluralism in Law and Politics - Wojciech Sadurski4. Global Legitimation and Reasonableness - Sebastiano Maffettone 5. Philip Pettit´s Law, Liberty and Reason. Republican Freedom and Criminal Justice -Luca Baccelli c) Reasonableness in Constitutional Adjudication 1. Proportionality, Judicial Review, and Global Constitutionalism - Alec Stone-Sweet and Jud Mathews 2. Constitutional Adjudication and the Principle of Reasonableness - Andrea Morrone3. Some Critical Thoughts on Proportionality - Iddo Porat Part II: Private, Public and International Lawa) Reasonableness in Private Law1. Reasonable Persons in Private Law - Arthur Ripstein2. The Reasonable Consumer According to the European and Italian Regulations Concerning Unfair Business-To-Consumer Commercial Practices - Chiara Alvisib) Reasonableness in Administrative and Public Law1. Reasonableness in Administrative Law - Giacinto della Cananea 2. Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence - Michal Bobekc)Reasonableness in Biolaw 1. Reasonableness, Bioethics, and Biolaw - Carla Faralli2. Reasonableness in Biolaw -Amedeo Santosuosso3. Reasonableness and Biolaw - Stephanie Hennette-Vauchez4. Reasonableness in Biolaw: The Criminal Law Perspective - Stefano Canestrari and Francesca Faenza d) Reasonableness in EU and International Law 1. The Principle of Reasonableness in European Union Law - Adelina Adinolfi 2. What 'Rule of Reason' for the EU Internal Market? - Lucia Serena Rossi and Stephen J. Curzon 3. From State-Centered Towards Constitutional 'Public Reason' in Modern International Economic Law - Ernst-Ulrich Petersmann
Reasonableness is at the center of legal debate, both in academic circles and in practice. This volume examines the issues from an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law.
Legal, Political and Constitutional Theory.- The Reasonableness of the Law.- A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review.- Reasonableness, Common Sense, and Science.- Reciprocity, Balancing and Proportionality Rawls and Habermas on Moral and Political Reasonableness.- Law, Liberty and Reason.- Reasonableness and Value Pluralism in Law and Politics.- Global Legitimation and Reasonableness.- Philip Pettit's Law, Liberty and Reason: Republican Freedom and Criminal Justice.- Proportionality, Judicial Review, and Global Constitutionalism.- Constitutional Adjudication and the Principle of Reasonableness.- Some Critical Thoughts on Proportionality.- Private, Public and International Law.- Reasonable Persons in Private Law.- The Reasonable Consumer under European and Italian Regulations on Unfair Business-to-Consumer Commercial Practices.- Reasonableness in Administrative Law.- Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence.- Reasonableness, Bioethics, and Biolaw.- Reasonableness in Biolaw: Is it Necessary?.- Reasonableness and Biolaw.- Reasonableness in Biolaw: The Criminal Law Perspective.- The Principle of Reasonableness in European Union Law.- An Evolving "Rule of Reason" in the European Market.- From State-Centered towards Constitutional "Public Reason" in Modern International Economic Law.
Giorgio Bongiovanni is Professor of Philosophy of Law at the University of Bologna Law School (Italy). He has published widely in constitutional theory, legal theory, metaethics and normative ethics, the theory of legal interpretation, the foundations of practical reason, the history of legal theory and philosophy, and the history and philosophy of politics.
Giovanni Sartor is Marie-Curie Professor of Legal Informatics and Legal Theory at the European University Institute of Florence and Professor of Computer and Law at the University of Bologna (Italy), after obtaining a PhD at the European University Institute (Florence), working at the Court of Justice of the European Union (Luxembourg), being a researcher at the Italian National Council of Research (ITTIG, Florence), and holding the chair in Jurisprudence at Queen s University of Belfast (where he now is honorary professor). He is author of ten books and has published widely in legal philosophy and legal theory, legal informatics (artificial intelligence and law), computational logic, legislation technique, and computer law.
Inhaltsverzeichnis
Legal, Political and Constitutional Theory.- The Reasonableness of the Law.- A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review.- Reasonableness, Common Sense, and Science.- Reciprocity, Balancing and Proportionality Rawls and Habermas on Moral and Political Reasonableness.- Law, Liberty and Reason.- Reasonableness and Value Pluralism in Law and Politics.- Global Legitimation and Reasonableness.- Philip Pettit's Law, Liberty and Reason: Republican Freedom and Criminal Justice.- Proportionality, Judicial Review, and Global Constitutionalism.- Constitutional Adjudication and the Principle of Reasonableness.- Some Critical Thoughts on Proportionality.- Private, Public and International Law.- Reasonable Persons in Private Law.- The Reasonable Consumer under European and Italian Regulations on Unfair Business-to-Consumer Commercial Practices.- Reasonableness in Administrative Law.- Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence.- Reasonableness, Bioethics, and Biolaw.- Reasonableness in Biolaw: Is it Necessary?.- Reasonableness and Biolaw.- Reasonableness in Biolaw: The Criminal Law Perspective.- The Principle of Reasonableness in European Union Law.- An Evolving "Rule of Reason" in the European Market.- From State-Centered towards Constitutional "Public Reason" in Modern International Economic Law.
Klappentext
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
The first book to deal extensively with the presently much debated matter of reasonableness and law
Covers a subject at the center of legal debate in academia and practice
Contains contributions of the leading scholars in the field
The only work to focus on all the aspects of reasonableness and law in such great detail
