Data di Pubblicazione:
2017
Citazione:
Virtues and Vices of Reasonableness : What Does Common Sense Tell Us? / S. Zorzetto. - In: ANALISI E DIRITTO. - ISSN 1126-5779. - 2017:(2017), pp. 113-130.
Abstract:
The purpose of this paper is to defend reasonableness from scepticism and to
ground its defence on a realistic approach. The main thesis advanced in this analysis
is that reasonableness as a legal concept relies on ordinary common sense.
After the introduction, in the second paragraph some legal cases are analysed to
demonstrate the close links existing between reasonableness and ordinary common
sense. In the third paragraph, the Author outlines the main functions of the
notion in legal reasoning and their independence from its variable meanings. In
the fourth paragraph, the pragmatic features of reasonableness are illustrated to
clarify its context-dependence nature. Finally, in the fifth paragraph, the main
virtues of the notion and some recurrent vices of jurists are mentioned.
Tipologia IRIS:
01 - Articolo su periodico
Keywords:
Reasonableness; Common Sense; Scepticism; Legal Reasoning
Elenco autori:
S. Zorzetto
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