Name: Law and the Limits of Reason
Price: 56.59 EUR
Availability: InStock
Author: Adrian Vermeule
ISBN: 9780199914098

Type

Physical Book

Author

Adrian Vermeule

Publisher

Oxford Univ Pr

Year

2012

Language

English

Pages

211

Format

Paperback

ISBN

0199914095

ISBN13

9780199914098

Synopsis "Law and the Limits of Reason "

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.

Adrian Vermeule

(Author)

View Author's Page

Adrian Vermeule is the Ralph S. Tyler, Jr. Professor of Constitutional Law. Before joining the Law School, he was the Bernard D. Meltzer Professor of Law at the University of Chicago. Author or co-author of nine books, the most recent ones are The Abnegation of Law: From the Rule of Law to the Administrative State (2016), The Constitution of Risk (2014), and The System of the Constitution (2012). He was elected a fellow of the American Academy of Arts and Sciences in 2012. His research focuses on administrative law, the administrative state, institutional design, and constitutional theory. Vermeule grew up in Cambridge and attended Harvard University in 1990 and Harvard Law School in 1993. He still lives in Cambridge.

See less