Public reason and courts
edited by Silje Langvatn, Mattias Kumm, Wojciech Sadurski
Bok · Engelsk · 2020
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| Omfang | xxvii, 367 sider
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| Opplysninger | "This book has been made possible with the generous contribution from PluriCourts-Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, at the University of Oslo, who financed the international workshop Courts and Public Reason in Global Public Law July 2016, and the WZB Berlin Social Science Center who provided the facilities and administrative assistance. Several of the chapters in this volume were presented in early versions at this workshop, while others have been commissioned later."--ECIP Acknowledgements.. - Preface / Silje A. Langvatn, Wojciech Sadurski, and Mattias Kumm -- Taking Public Reason to Court : Understanding References to Public Reason in Discussions about Courts and Adjudication / Silje Aambø Langvatn -- Must Laws Be Motivated by Public Reason? / Micah Schwartzman -- The Importance of Constitutional Public Reason / Ronald C. Den Otter -- The Question of Constitutional Fidelity : Rawls on the Reason of Constitutional Courts / Frank I. Michelman -- The Challenges of Islamic Law Adjudication in Public Reason / Mohammad H. Fadel -- "We hold these Truths to be Self-evident" : Constitutionalism, Public Reason and Legitimate Authority / Mattias Kumm -- A Kantian System of Constitutional Justice : Rights, Trusteeship and Balancing / Alec Stone Sweet and Eric Palmer -- Laws, Norms, and Public Justification : The Limits of Law as an Instrument of Reform / Jacob Barrett and Gerald F. Gaus -- European Court of Human Rights in Pursuit of Public Reason? : A Study of Lost Opportunities / Wojciech Sadurski -- The Right to Justification in the Context of Proportionality : A Plea for Determinacy and Stability / Alain Zysset -- "Going Public" : Reasoning and Justification at the "World Trade Court" / Sivan Agon Shlomo -- Constitutional Interpretation and Public Reason : Seductive Disanalogies / -- Christopher F. Zurn. - "Ever since John Rawls brought the term "public reason" into academic circulation in the mid- 1990s, public reason has been discussed as a criterion of political and legal legitimacy. The idea of public reason is often formulated as the requirement that a polity's political and legal impositions must be publicly justifiable - or possible to justify with reasons and reasoning that is accessible and reasonably acceptable to all subjects of the imposition. Requiring laws to be public justifiable may seen as a means to ensure that all subjects are taken into account, and thus to prevent laws with morally unacceptable outcomes for some groups and individuals. But the criterion of public reason and public justifiability is also associated with the idea that not only the outcomes of laws and public acts counts towards their legitimacy, but also the form and content of their justifications: A law that prohibits a certain religious practice may be perfectly legitimate if it is shown that the practice is a real danger to public health or safety, whereas other types of justifications -such as racist reasons and animus towards a religion- is seen as weakening its legitimacy, or rendering the law illegitimate altogether"--
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| Dewey | |
| ISBN | 9781108487351
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