Law, Rules, and Rationality
نویسندگان
چکیده
منابع مشابه
Rationality, Legitimacy, & The Law
American legal realism was committed to examining legal reasoning in terms of the actual experiences of judges. Because the realist project sought to use social science tools to examine human nature, the contemporary rise of cognitive neuroscience provides an occasion for reexamining legal realism’s foundational critique of the law. Realism’s attempt to examine “the actual facts of judicial beh...
متن کامل1 Discretion , Rule of Law , and Rationality
When John Adams crafted wording that the state shall establish "a government of laws and not of men" into the constitution of the Commonwealth of Massachusetts in 1780, he did not specify precisely where, in the real world, the boundaries of law should end and where officials should begin to exercise discretion in interpreting and enforcing the laws. The founding fathers gave us organizing prin...
متن کاملCollective rationality and monotone path division rules
We impose the axiom Independence of Irrelevant Alternatives on division rules for the conflicting claims problem. With the addition of Consistency and Resource Monotonicity, this characterizes a family of rules which can be described in three different but intuitive ways. First, a rule is identified with a fixed monotone path in the space of awards, and for a given claims vector, the path of aw...
متن کاملJurisprudence and Rationality
There are different concepts of rationality: specific rationality, normative rationality and instrumental rationality whose limitation covers the holistic rationality and represents the fate of rationality in the West. Thus following Hume reason became the slave of feelings and lost its authority for choosing the goal. In Islamic culture reason with its undeniable background in Shariah enjoy...
متن کاملHarvard Law Review| Decision Rules and Conduct Rules: on Acoustic Separation in Criminal Law
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ژورنال
عنوان ژورنال: The Yale Law Journal
سال: 1970
ISSN: 0044-0094
DOI: 10.2307/795302