Public reason and courts
Author(s)
Bibliographic Information
Public reason and courts
(Studies on international courts and tribunals)
Cambridge University Press, 2020
- : hbk
Available at 1 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
Public Reason and Courts is an interdisciplinary study of public reason and courts with contributions from leading scholars in legal theory, political philosophy and political science. The book's chapters demonstrate the breadth of ways in which public reason and public justification is currently seen as relevant for adjudicative reasoning and review practices, and includes critical assessments of different ways that the idea of public reason has been applied to courts. It shows that public reason is not just an abstract theoretical concept used by political philosophers, but an idea that spurs new perspectives and normative frameworks also for legal scholars and judges. In particular, the book demonstrates the potential, and the limitations, of the idea of public reason as a source of legitimacy for courts, in a context where many courts face political backlashes and crisis of trust.
Table of Contents
- Preface Silje A. Langvatn, Wojciech Sadurski and Mattias Kumm
- 1. Taking Public Reason to Court: Understanding References to Public Reason in Discussions about Courts and Adjudication Silje Aambo Langvatn
- Part I. Public Reason in Constitutional Courts: 2. Must Laws Be Motivated by Public Reason? Micah Schwartzman
- 3. The Importance of Constitutional Public Reason Ronald C. Den Otter
- 4. The Question of Constitutional Fidelity: Rawls on the Reason of Constitutional Courts Frank I. Michelman
- 5. The Challenges of Islamic Law Adjudication in Public Reason Mohammad H. Fadel
- 6. "We Hold these Truths to be Self-Evident": Constitutionalism, Public Reason and Legitimate Authority Mattias Kumm
- 7. A Kantian System of Constitutional Justice: Rights, Trusteeship and Balancing Alec Stone Sweet and Eric Palmer
- 8. Laws, Norms, and Public Justification: The Limits of Law as an Instrument of Reform Jacob Barrett and Gerald F. Gaus
- Part II. Public Reason in International Courts and Tribunals: 9. European Court of Human Rights in Pursuit of Public Reason? A Study of Lost Opportunities Wojciech Sadurski
- 10. The Right to Justification in the Context of Proportionality: A Plea for Determinacy and Stability Alain Zysset
- 11. "Going Public:" Reasoning and Justification at the "World Trade Court" Sivan Agon Shlomo
- Part III. Critical Perspective on Public Reason in Courts: 12. Constitutional Interpretation and Public Reason: Seductive Disanalogies Christopher F. Zurn.
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