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.

Reasonableness / S. Zorzetto. - In: THE ITALIAN LAW JOURNAL. - ISSN 2421-2156. - 1:1(2015 Mar), pp. 107-139.

Reasonableness

S. Zorzetto
Primo
2015

Abstract

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.
No
English
Settore IUS/20 - Filosofia del Diritto
Articolo
Esperti anonimi
Ricerca applicata
Pubblicazione scientifica
mar-2015
Edizioni Scientifiche Italiane
1
1
107
139
33
Pubblicato
Periodico con rilevanza internazionale
Aderisco
info:eu-repo/semantics/article
Reasonableness / S. Zorzetto. - In: THE ITALIAN LAW JOURNAL. - ISSN 2421-2156. - 1:1(2015 Mar), pp. 107-139.
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Prodotti della ricerca::01 - Articolo su periodico
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262
Article (author)
no
S. Zorzetto
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/273435
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