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Law and the Limits of Reason (Paperback)
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Law and the Limits of Reason (Paperback)
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Human reason is limited. What are the consequences of this fact for
the contested lawmaking claims between courts, legislatures and the
executive branch? In light of the limits of reason, how should
legal institutions be designed? In Law and the Limits of Reason,
Adrian Vermeule criticizes the view that the limits of reason
counsel in favor of judicial lawmaking in the style of the common
law. He argues that there is no logical connection between the
limits of reason, on the one hand, and the superiority of common
law or of judge-made constitutional law on the other. The
relatively small number of judges on relevant courts, their limited
informational base and generalist rather than specialized skills,
ensure that judicial reason is itself sharply limited and that the
argument to judicial lawmaking from the limits of reason outruns
the logical, causal, and evidentiary support.
Instead, Adrian Vermeule proposes and defends a "codified
constitution" - a regime in which legislatures have the primary
authority to develop constitutional law over time, through statutes
and constitutional amendments. Precisely because of the limits of
human reason, large modern legislatures, with their numerous
membership, complex internal structures for processing information
and their abundant informational resources, are the most effective
lawmaking institutions. Law and the Limits of Reason, now in
paperback, serves as a thought-provoking companion to any
constitutional law course of study.
General
Imprint: |
Oxford UniversityPress
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Country of origin: |
United States |
Release date: |
May 2012 |
First published: |
April 2012 |
Authors: |
Adrian Vermeule
(John H. Watson, Jr. Professor of Law)
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Dimensions: |
234 x 156 x 12mm (L x W x T) |
Format: |
Paperback
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Pages: |
220 |
ISBN-13: |
978-0-19-991409-8 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Comparative law
|
LSN: |
0-19-991409-5 |
Barcode: |
9780199914098 |
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