Public Reason and Courts

Author: Silje Langvatn; Mattias Kumm; Wojciech Sadurski
Publisher: Cambridge University Press
ISBN: 9781108487351
Published In: June 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,417.00

HKD 1,374.49 Save HKD 42.51 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

An interdisciplinary study of public reason and courts with contributions from legal theory, political philosophy and political science
Showing how theories of public reason can inform, and sometimes explain, the jurisprudence of constitutional and international courts
A respected line-up of scholars from different legal and constitutional traditions help readers get acquainted with the most recent advances in legal and constitutional scholarship

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 Aambø 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