Results 11 to 20 of about 23,193 (292)

The reasonableness among the rule-making principles [PDF]

open access: yesПроблеми Законності, 2013
The article describes the principles on which the process of creation of the law is based. The role of reasonableness as rule-making requirement is explained.
К. О. Мандрікова
doaj   +2 more sources

Constitutional Reasonableness [PDF]

open access: yes, 2017
The concept of reasonableness pervades constitutional doctrine. The concept has long served to structure common law doctrines from negligence to criminal law, but its rise in constitutional law is more recent and diverse.
Garrett, Brandon L.
core   +3 more sources

Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution

open access: yesPotchefstroom Electronic Law Journal, 2021
The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible.
Tina Kotzé, Zsa-Zsa Boggenpoel
doaj   +1 more source

Reasoning about others' reasoning

open access: yesJournal of Economic Theory, 2020
Recent experiments suggest that level-k behavior is often driven by subjects' beliefs, rather than their binding cognitive bounds. But the extent to which this is true in general is not completely understood, mainly because disentangling ‘cognitive’ and ‘behavioral’ levels is challenging experimentally and theoretically. In this paper we provide a
Larbi Alaoui   +2 more
openaire   +3 more sources

Consent Searches and Fourth Amendment Reasonableness [PDF]

open access: yes, 2015
This Article builds on a growing body of scholarship discussing the role of reasonableness in consent-search doctrine. Although the language of “voluntary consent” implies a subjective inquiry into the state of mind of the person granting consent, the U ...
Burke, Alafair
core   +3 more sources

The Overlapping Consensus in the Indonesian Constitution and Its Challenges

open access: yesJurnal Konstitusi, 2023
Pancasila and UUD 1945 form the foundation of Indonesia's social unity. This article analyzes whether Pancasila and UUD 1945 align with John Rawls' criteria of overlapping consensus.
Sunaryo Sunaryo
doaj   +1 more source

Justiça como Equidade e o Problema da Razoabilidade

open access: yesDoisPontos, 2015
In this paper I intend to show the importance of the concept of reasonable in John Rawls's theory of justice as fairness and, also, I intend to explain the problem of reasonableness in this theory.
Denis Coitinho Silveira
doaj   +1 more source

A Dialectical Tier Within Reason

open access: yesInformal Logic, 2004
The first part of this essay argues that the specification of rationality operating in Manifest Rationality does not allow for the inclusion of the dialectical tier as a necessary component of a rational product.
Amy J. Ohler
doaj   +1 more source

Rationality and Ethics between Western and Islamic Tradition

open access: yesReligions, 2018
In the contemporary legal and political debate a large space is taken by the concept of ‘reasonableness’ as a multifaceted notion. Its plasticity makes it very adaptable to the variety of problems that is called on to solve. Its philosophical
Michele Mangini
doaj   +1 more source

Deference and reasonableness since Dunsmuir [PDF]

open access: yes, 2012
The author addresses two perennial problems in Canadian administrative law: the choice of a standard of review and the inconsistent application of the reasonableness standard.
Lewans, Matthew
core   +1 more source

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