Law and the Limits of Reason

Paperback | June 15, 2012

byAdrian Vermeule

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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 criticizesthe 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 relativelysmall 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 courseof study.

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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 criticizesthe view that the limits of reason counsel in ...

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 Jus...

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Format:PaperbackDimensions:224 pages, 9.21 × 6.14 × 0.68 inPublished:June 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199914095

ISBN - 13:9780199914098

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Table of Contents

Introduction: The Limits of Reason in Legal Theory1. Many-Minds Arguments2. The Constitutional Common Law: Information Aggregation3. The Constitutional Common Law: Evolution4. Justices and Company5. Unintended Consequences and Constitutional AmendmentsConclusion: From the Common-Law Constitution to the Codified ConstitutionAcknowledgementsIndex