Reasonableness and Law

ISBN-13: 9789400736757 / Angielski / Miękka / 2012 / 464 str.

Giorgio Bongiovanni;Giovanni Sartor;Chiara Valentini

Opis

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.

Spis treści

Introduction Part I: Legal, Political and Constitutional Theory a) The Reasonableness of the Law 1. The Reasonableness of Law - Robert Alexy 2. A Sufficientist Approach to Reasonableness in Legal Decision-making and Judicial Review- Giovanni Sartor 3. Reasonableness, Common Sense, and Science - Alberto Artosi b) The Moral and Political Dimension of Reasonableness 1. Reciprocity, Balancing and Proportionality: Rawls and Habermas on Moral and Political Reasonableness - Giorgio Bongiovanni and Chiara Valentini 2. Law, Liberty and Reason - Philip Pettit 3. 'Reasonableness' and Value Pluralism in Law and Politics - Wojciech Sadurski 4. 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 Morrone 3. Some Critical Thoughts on Proportionality - Iddo Porat Part II: Private, Public and International Law a) Reasonableness in Private Law 1. Reasonable Persons in Private Law - Arthur Ripstein 2. The Reasonable Consumer According to the European and Italian Regulations Concerning Unfair Business-To-Consumer Commercial Practices - Chiara Alvisi b) Reasonableness in Administrative and Public Law 1. Reasonableness in Administrative Law - Giacinto della Cananea 2. Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence - Michal Bobek c)Reasonableness in Biolaw 1. Reasonableness, Bioethics, and Biolaw - Carla Faralli 2. Reasonableness in Biolaw -Amedeo Santosuosso 3. Reasonableness and Biolaw - Stephanie Hennette-Vauchez 4. 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

O autorze

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.