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Law and the Limits of Reason
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Law and the Limits of Reason

Adrian Vermeule

Abstract

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? Law and the Limits of Reason 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. It questions what's behind the curtain of “settled practices” or “legal rules” and asks to what extent are these in fact a constellation of less-than-rational judgments? The book prop ... More

Keywords: constitutional law, human reason, settled practices, legal rules, codified constitution, epistemic democracy, democratic theory

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780195383768
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780195383768.001.0001

Authors

Affiliations are at time of print publication.

Adrian Vermeule, author
Harvard Law School