Reasonableness and Law (eBook)

Contents 6
Contributors 9
Introduction 11
Legal, Political and Constitutional Theory 18
The Reasonableness of the Law 19
The Reasonableness of Law 20
A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review 31
Reasonableness, Common Sense, and Science 83
The Moral and Political Dimension of Reasonableness 93
Reciprocity, Balancing and Proportionality: Rawls and Habermas on Moral and Political Reasonableness 94
Law, Liberty and Reason 121
Reasonableness and Value Pluralism in Law and Politics 141
Global Legitimation and Reasonableness 159
Philip Pettit’s Law, Liberty and Reason: Republican Freedom and Criminal Justice 174
Reasonableness in Constitutional Adjudication 181
Proportionality, Judicial Review, and Global Constitutionalism 182
Constitutional Adjudication and the Principle of Reasonableness 224
Some Critical Thoughts on Proportionality 251
Private, Public and International Law 259
Reasonableness in Private Law 260
Reasonable Persons in Private Law 261
The Reasonable Consumer under European and Italian Regulations on Unfair Business-to-Consumer Commercial Practices 288
Reasonableness in Administrative and Public Law 298
Reasonableness in Administrative Law 299
Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence 315
Reasonableness in Biolaw 331
Reasonableness, Bioethics, and Biolaw 332
Reasonableness in Biolaw: Is it Necessary? 340
Reasonableness and Biolaw 353
Reasonableness in Biolaw: The Criminal Law Perspective 364
Reasonableness in EU and International Law 381
The Principle of Reasonableness in European Union Law 382
An Evolving “Rule of Reason” in the European Market 404
From State-Centered towards Constitutional “Public Reason” in Modern International Economic Law 419
Index of Names 457