Law and the Limits of Reason

Law and the Limits of Reason

by Adrian Vermeule
Epub (Kobo), Epub (Adobe)
Publication Date: 17/11/2008

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Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he 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. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.

ISBN:
9780190452476
9780190452476
Category:
Comparative law
Format:
Epub (Kobo), Epub (Adobe)
Publication Date:
17-11-2008
Language:
English
Publisher:
Oxford University Press
Adrian Vermeule

Adrian Vermeule is Ralph S. Tyler, Jr., Professor of Constitutional Law at Harvard Law School. His many books include Law’s Abnegation: From Law’s Empire to the Administrative State and The Constitution of Risk.

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