By Robert Alexy (auth.), Prof. Giorgio Bongiovanni, Prof. Giovanni Sartor, Dr. Chiara Valentini (eds.)
Reasonableness is on the centre of criminal debate, either in educational circles and in perform. This designated reference paintings adopts an interdisciplinary viewpoint, merging jurisprudence, felony concept, political philosophy and the several branches of legislation. All elements in relation to reasonableness and legislations are addressed by means of the main favourite students within the box. within the first a part of the publication, the point of interest is on jurisprudential analyses of the concept that of reasonableness and on its ethical, political and constitutional implications. within the moment half, reasonableness is tested within the diversified fields of legislations like Public, deepest and overseas legislations. right here in additional aspect the sensible effects of reasonableness are labored out, making this paintings of curiosity to practitioners in addition to felony theorists.
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Extra info for Reasonableness and Law
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. 2002. Ragionevolezza im Verfassungsrecht. Acht Diskussionsbemerkungen.
Let us consider the simplest case first, a fully deterministic plan: the plan has just one possible outcome, about which the planner is absolutely certain. The merit of the plan is then to be determined by the expected utility of this outcome alone. Consider the following example: a judge is tasked with deciding whether a convicted criminal should be granted parole, and the judge is absolutely certain that the convict has now essentially changed and will no longer commit any serious crime. The judge thus believes that the only relevant outcome of his decision will be a very positive one: the convicted person will be free again and will probably find a job and contribute to supporting the family.
Such beliefs—when combined with other beliefs the agent already possesses, and when they go into a logical process (such as deduction, induction, defeasible reasoning, and probability calculus)—lead to the formation of further beliefs. The set of beliefs one possesses, however, does not consist mostly or even mainly of beliefs one constructs, directly or indirectly, out of one’s own perceptions, according to some pattern of logical reasoning. It also includes inputs provided by the built-in cognitive modules of which our mind consists, modules for language, for building three-dimensional representations out of perception, for recognising faces, for making analogies, for inventing hypotheses and theories, for detecting other people’s attitudes and the rules they are following, etc.
Reasonableness and Law by Robert Alexy (auth.), Prof. Giorgio Bongiovanni, Prof. Giovanni Sartor, Dr. Chiara Valentini (eds.)