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On The Reasonable in Law
Author(s) -
ATIENZA MANUEL
Publication year - 1990
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1990.tb00077.x
Subject(s) - rationality , relevance (law) , ideal (ethics) , point (geometry) , law and economics , law , epistemology , computer science , mathematical economics , economics , political science , philosophy , mathematics , geometry
. In practical reasoning, reasonableness ‐ as opposed to rationality ‐ is an important concept. This paper explores the notion of reasonableness as applied exclusively to legal decisions. Conflicting values or legal requirements can make rationally deduced solutions unattainable, and may call for criteria of reasonableness, Conflicting values must be weighed, and weighed against each other, in search of a point of equilibrium between them. Legal cases are more or less difficult to solve, depending on the difficulty of finding a unique optimal equilibrium. The relevance of factual and ideal consensus for the determination of a reasonable legal decision is underlined. Finally, a definition of “reasonable legal decision” is proposed.