| 书目名称 | Constitutionalism and Legal Reasoning |
| 编辑 | Massimo La Torre |
| 视频video | |
| 概述 | An original connection between theories of legal reasoning and concepts of constitutional state.Establishing a stimulating relationship and a fruitful interaction between advocacy and the fundamentals |
| 丛书名称 | Law and Philosophy Library |
| 图书封面 |  |
| 描述 | This book, which consist of three chapters and two appendices, is intended to connect subjects that have usually been considered as detached or not strongly connected: constitutionalism, legal argumen- tion and legal ethics. Its main contention is that contemporary consti- tionalism pushes towards a new style of legal reasoning, which needs to take into account moral criteria and principles and that eventually the interpretative and moralist approach will lead to a somewhat unort- dox and less authoritarian concept of law. A constitution to be taken seriously and as a distinct and superior source of law, will end up referring to some sort of constitutional justice or judicial review. And constitutional reasoning and justice need to make recourse to principles but principles to be given an operative content should be elaborated through some form of moral reasoning. This r- soning however, if it does not want to betray the spirit of constitutional democracy and the very idea of a constitution as a special moment of self-determination, could not be just Platonism, a cognitivism without roots in the practice of public discourse and deliberation. So that cons- tutionalism will not reall |
| 出版日期 | Book 2007 |
| 关键词 | Advocacy; Concept of Law; Constitutionalism; Institutions; Legal ethics; Legal reasoning; Legislation; Plat |
| 版次 | 1 |
| doi | https://doi.org/10.1007/978-1-4020-5595-9 |
| isbn_softcover | 978-90-481-7404-1 |
| isbn_ebook | 978-1-4020-5595-9Series ISSN 1572-4395 Series E-ISSN 2215-0315 |
| issn_series | 1572-4395 |
| copyright | Springer Science+Business Media B.V. 2007 |
发表于 2025-3-21 18:09:53
