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Equality and Legitimacy

Oxford University Press (2008)

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  1. Doing Justice to Rights and Values: Teleological Reasoning and Proportionality. [REVIEW]Giovanni Sartor - 2010 - Artificial Intelligence and Law 18 (2):175-215.
    This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...)
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  • Reason of State and Public Reason.Wojciech Sadurski - 2014 - Ratio Juris 27 (1):21-46.
    “Reason of state” is a concept that is rarely used in contemporary legal and political philosophy, compared to everyday parlance; “public reason,” in contrast, is ubiquitous, especially in liberal philosophy, as a legitimacy-conferring device. In this article it is argued that the unpopularity of the notion of “reason of state” is partly due to its notorious ambiguity. Three different usages of the notion can be identified: a “thin” usage (where “reason of state” is equivalent to the common good); an “ironical” (...)
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