Download Reasonableness and Law by Robert Alexy (auth.), Prof. Giorgio Bongiovanni, Prof. PDF

By Robert Alexy (auth.), Prof. Giorgio Bongiovanni, Prof. Giovanni Sartor, Dr. Chiara Valentini (eds.)

Reasonableness is on the centre of felony debate, either in educational circles and in perform. This targeted reference paintings adopts an interdisciplinary standpoint, merging jurisprudence, felony conception, political philosophy and the various branches of legislation. All features in relation to reasonableness and legislations are addressed via the main well-liked students within the box. within the first a part of the ebook, the focal point is on jurisprudential analyses of the idea that of reasonableness and on its ethical, political and constitutional implications. within the moment half, reasonableness is tested within the various fields of legislation like Public, deepest and overseas legislations. the following in additional element the sensible results of reasonableness are labored out, making this paintings of curiosity to practitioners in addition to criminal theorists.

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It Supported by the EU projects ONE-LEX (Marie Curie Chair), ESTRELLA (IST-2004-027665), and ALIS (IST-2004-027968). Many thanks to Jerry Postema and Wojciech Sadurski for their comments and suggestions on an earlier draft of this paper. G. Bongiovanni et al. V. 2009 17 18 G. Sartor Fig. 1 Sufficientist reasonableness differentia specifica of reasonableness within the genus of rationality), and also a subset of moral determinations, those qualified by rationality (the differentia specifica of reasonableness within the genus of morality).

My viewing F as a factor favouring a practical conclusion C is coupled with my belief that the corresponding connection obtains, namely, that F is indeed a factor in concluding C (having committed a crime for the purpose of obtaining certain advantages favours the conclusion that one is not to be entitled to such advantages). This method allows reasoners to detach themselves from their cognitive states and recast practical reasoning as if it were a piece of epistemic reasoning. Consider, for instance, the pattern of practical reasoning according to which someone, having goal G and believing that action α would achieve G, forms an intention to perform A.

References Alexy, R. 1988. Problems of Discourse Theory. Cr´ıtica 20: 43–65. Alexy, R. 1989. A Theory of Legal Argumentation. Trans. Ruth Adler und Neil MacCormick. Oxford: Clarendon. (1st ed. ) Alexy, R. 1995. Recht, Vernunft, Diskurs. Frankfurt-on-Main: Suhrkamp. Alexy, R. 1996. Discourse Theory and Human Rights. Ratio Juris 9: 209–35. Alexy, R. 1999. My Philosophy of Law: The Institutionalisation of Reason. In The Law in Philosophical Perspectives. Ed. J. Wintgens, 23–45. Dordrecht: Kluwer. Alexy, R.

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