Reasonableness And Interpretation
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Reasonableness and Law
Author: Giorgio Bongiovanni
language: en
Publisher: Springer Science & Business Media
Release Date: 2009-08-19
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
Reasonableness and Effectiveness in Argumentative Discourse
This volume presents 50 contributions on the themes of reasonableness and effectiveness and their connections, which are central issues in argumentation theory. It discusses van Eemeren’s views on the study of argumentation; the approach to argumentation adopted in pragma-dialectics; pragma-dialectical perspectives on the dialectical and pragmatic dimensions of argumentative discourse; the notion of strategic maneuvering; the pragma-dialectical method of analyzing argumentative discourse; the treatment of fallacies as violations of rules for critical discussion; pragma-dialectical views on context, the role of logic, verbal indicators of argumentative moves and argument schemes; and the process of writing and rewriting argumentative texts. The pragma-dialectical quantitative approach to empirical research on argumentative discourse is illustrated by reporting on selected, illustrative experimental studies, as well as qualitative studies of historical cases.
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration
Author: Valentina Vadi
language: en
Publisher: Edward Elgar Publishing
Release Date: 2018-04-27
International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.