Jump to ContentJump to Main Navigation
International Law as Social ConstructThe Struggle for Global Justice$
Users without a subscription are not able to see the full content.

Carlo Focarelli

Print publication date: 2012

Print ISBN-13: 9780199584833

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199584833.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

Reason

Reason

Chapter:
(p.66) 3 Reason
Source:
International Law as Social Construct
Author(s):

Carlo Focarelli

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199584833.003.0004

This chapter shows that law is a process inspired by a ‘working’ reason operating in and for society. It argues that certain legal arguments are indeed better than others in society. Theoretical reason ultimately depends on the meanings prevailing in the particular society in which it operates. Formal justice is relative to social context and, like theoretical reason, is used to appropriate universal truth. Practical reason is the reason that works in society. It mainly consists of common sense, social attunement, pre-comprehension, and consideration for the rules of the game prevailing in any particular society. It also amounts to prudence. The discussion concludes that the law must work in people's daily life as they see their own life rather than in the minds of single individuals, no matter how enlightened or learned.

Keywords:   legal arguments, law, theoretical reason, practical reason, common sense, social attunement, formal justice, prudence

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .