Public Reason and Courts

Erscheinungsjahr 2020
ISBN: 978-1-108-48735-1
Verlag: Cambridge University Press

Buch, Englisch, 300 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 694 g

Reihe: Studies on International Courts and Tribunals

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.

Autoren/Hrsg.

Langvatn, Silje A

Langvatn, Silje

Kumm, Mattias

Sadurski, Wojciech

Fachgebiete

• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtssoziologie, Rechtspsychologie, Rechtslinguistik

Inhaltsverzeichnis

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 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.

Über Autor(innen)

Sadurski, Wojciech
Wojciech Sadurski has previously held a professorship at the European University Institute, Florence, where he served as head of department of law in (2003-6). He taught at New York University School of Law, Yale Law School, Fordham Law School in New York and was Chair of the Academic Advisory Board of the Community of Democracies. He has written extensively on the philosophy of law, political philosophy, and comparative constitutional law.

Kumm, Mattias
Mattias Kumm is Inge Rennert Professor of Law, NYU School of Law and Research Professor for Global Public Law at WZB Social Science Research Center, Berlin. He works on basic issues of constitutional, European and international law as well as the philosophy of law. Beyond his current affiliations Kumm held professorial appointments among others at Harvard, Yale and the EUI. He is a founding Editor of Global Constitutionalism (CUP) and Jus Cogens (Springer).

Langvatn, Silje
Silje A. Langvatn is a Postdoctoral Fellow in Political Philosophy at The University of Bergen, Norway. She has previously held positions as Postdoctoral Fellow at PluriCourts, University of Oslo, Law & Philosophy Fellow at Yale Law School (2016), and Fulbright Visiting Fellow at Harvard Government Department (2009).