Reasonableness is a popular notion in the current European legal thinking and jurisprudence. As is well known, its uses are widespread in all subjects though its real meaning is still open to debate. Many different interpretations and uses coexist in common parlance. In particular, its boundaries in private law with good faith, fairness, due care, proportionality, rationality, equity and similar evaluative notions have still to be clarified. According to the circumstances, legal scholars and courts construe and apply the notion as a general principle/standard/clause. A cluster of arguments in legal reasoning is also based on the notion of reasonableness, like the argument of the economic legislator as well as that against absurdity. Besides, with some theories of law reasonableness plays a broader role and is deemed an inner feature of law in general and a criterion of legal validity for all laws. The present entry illustrates the state of the art and offers a clarification of reasonableness from a semiotic perspective.
ZORZETTO, SILVIA (Primo)
|Settore Scientifico Disciplinare:||Settore IUS/20 - Filosofia del Diritto|
|Data di pubblicazione:||mar-2015|
|Appare nelle tipologie:||01 - Articolo su periodico|