Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
REASONABLENESS AND LAW Law and Philosophy Library VOLUME 86 Managing Editors FRANCISCO J. LAPORTA, Department of Law, Autonomous University of Madrid, Spain ALEKSANDER PECZENIK† , Department of Law, University of Lund, Sweden FREDERICK SCHAUER, John F. Kennedy School of Government, Harvard University, Cambridge, Mass., U.S.A. Former Managing Editors AULIS AARNIO, MICHAEL D. BAYLES† , CONRAD D. JOHNSON† , ALAN MABE Editorial Advisory Board AULIS AARNIO, Research Institute for Social Sciences, University of Tampere, Finland ´ ZENON BANKOWSKI, Centre for Law and Society, University of Edinburgh PAOLO COMANDUCCI, University of Genoa, Italy ´ VALDES, ´ Institut f¨ur Politikwissenschaft, ERNESTO GARZON Johannes Gutenberg Universit¨at Mainz JOHN KLEINIG, Department of Law, Police Science and Criminal Justice Administration, John Jay College of Criminal Justice, City University of New York NEIL MacCORMICK †, School of Law, University of Edinburgh UK WOJCIECH SADURSKI, European University Institute, Department of Law, Florence, Italy ROBERT S. SUMMERS, School of Law, Cornell University CARL WELLMAN, Department of Philosophy, Washington University For further volumes: www.springer.com/series/6210 REASONABLENESS AND LAW Edited by GIORGIO BONGIOVANNI University of Bologna, Italy GIOVANNI SARTOR University of Bologna, Italy European University Institute, Italy CHIARA VALENTINI European University Institute, Italy 123 Editors Prof. Giorgio Bongiovanni Universit`a di Bologna CIRSFID Via Galliera, 3 40121 Bologna Italy
[email protected] Prof. Giovanni Sartor European University Institute 50133 Firenze FI Italy
[email protected] Dr. Chiara Valentini European University Institute 50133 Firenze FI Italy Universit`a di Bologna CIRSFID Via Galliera, 3 40121 Bologna Italy
[email protected] ISSN 1572-4395 ISBN 978-1-4020-8499-7 e-ISBN 978-1-4020-8500-0 DOI 10.1007/978-1-4020-8500-0 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2009929295 c Springer Science+Business Media B.V. 2009 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) Contents Cont