Bongiovanni / Sartor / Valentini Reasonableness and Law

2009
ISBN: 978-1-4020-8500-0
Verlag: Springer Netherlands
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, Band 86, 464 Seiten

Reihe: Law and Philosophy Library

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.

Autoren/Hrsg.

Bongiovanni, Giorgio

Sartor, Giovanni

Valentini, Chiara

Inhaltsverzeichnis

1;Contents;6
2;Contributors;9
3;Introduction;11
4;Legal, Political and Constitutional Theory;18
5;The Reasonableness of the Law;19
5.1;The Reasonableness of Law;20
5.2;A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review;31
5.3;Reasonableness, Common Sense, and Science;83
6;The Moral and Political Dimension of Reasonableness;93
6.1;Reciprocity, Balancing and Proportionality: Rawls and Habermas on Moral and Political Reasonableness;94
6.2;Law, Liberty and Reason;121
6.3;Reasonableness and Value Pluralism in Law and Politics;141
6.4;Global Legitimation and Reasonableness;159
6.5;Philip Pettit’s Law, Liberty and Reason: Republican Freedom and Criminal Justice;174
7;Reasonableness in Constitutional Adjudication;181
7.1;Proportionality, Judicial Review, and Global Constitutionalism;182
7.2;Constitutional Adjudication and the Principle of Reasonableness;224
7.3;Some Critical Thoughts on Proportionality;251
8;Private, Public and International Law;259
9;Reasonableness in Private Law;260
9.1;Reasonable Persons in Private Law;261
9.2;The Reasonable Consumer under European and Italian Regulations on Unfair Business-to-Consumer Commercial Practices;288
10;Reasonableness in Administrative and Public Law;298
10.1;Reasonableness in Administrative Law;299
10.2;Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence;315
11;Reasonableness in Biolaw;331
11.1;Reasonableness, Bioethics, and Biolaw;332
11.2;Reasonableness in Biolaw: Is it Necessary?;340
11.3;Reasonableness and Biolaw;353
11.4;Reasonableness in Biolaw: The Criminal Law Perspective;364
12;Reasonableness in EU and International Law;381
12.1;The Principle of Reasonableness in European Union Law;382
12.2;An Evolving “Rule of Reason” in the European Market;404
12.3;From State-Centered towards Constitutional “Public Reason” in Modern International Economic Law;419
12.4;Index of Names;457