Reasonableness (the principle of) ; Razonabilidad (Principio de)

The aim of this study is to highlight the different uses of the reasonableness in law. Even if the concept of reasonableness has vague and ill-defined contours, it seems to have “two souls”, one deriving from case law while the other is more theoretical-philosophical nature. Particular attention is given to determining not only the nature and origins of the reasonableness but also and especially to explaining the duality inherent in this concept. The analysis begins with a focus on reasonableness within Legal Reasoning with reference to the theory formulated by Robert Alexy, who defines the le... Mehr ...