Law and the Limits of Reason

Author:   Adrian Vermeule (John H. Watson, Jr. Professor of Law, John H. Watson, Jr. Professor of Law, Harvard Law School)
Publisher:   Oxford University Press Inc
ISBN:  

9780199914098


Pages:   220
Publication Date:   24 May 2012
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Law and the Limits of Reason


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Overview

Human reason is limited. What are the consequences of this fact for the contested lawmaking claims between courts, legislatures and the executive branch? In light of the limits of reason, how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule criticizes the view that the limits of reason counsel in favor of judicial lawmaking in the style of the common law. He argues that there is no logical connection between the limits of reason, on the one hand, and the superiority of common law or of judge-made constitutional law on the other. The relatively small number of judges on relevant courts, their limited informational base and generalist rather than specialized skills, ensure that judicial reason is itself sharply limited and that the argument to judicial lawmaking from the limits of reason outruns the logical, causal, and evidentiary support. Instead, Adrian Vermeule proposes and defends a codified constitution - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Precisely because of the limits of human reason, large modern legislatures, with their numerous membership, complex internal structures for processing information and their abundant informational resources, are the most effective lawmaking institutions. Law and the Limits of Reason, now in paperback, serves as a thought-provoking companion to any constitutional law course of study.

Full Product Details

Author:   Adrian Vermeule (John H. Watson, Jr. Professor of Law, John H. Watson, Jr. Professor of Law, Harvard Law School)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 15.60cm , Height: 1.20cm , Length: 23.40cm
Weight:   0.322kg
ISBN:  

9780199914098


ISBN 10:   0199914095
Pages:   220
Publication Date:   24 May 2012
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

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Adrian Vermeule is the John H. Watson Professor of Law at Harvard Law School. Before joining the Harvard faculty, he previously taught at the University of Chicago Law School for seven years, where he was twice awarded with the Graduating Students' Award for Teaching Excellence. He also served as a clerk to Supreme Court Associate Justice Antonin Scalia and Judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit.

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