The paper analyzes two main models of legal rationality: the logical model and the reason-based model. in particular, it shows that several notions of rationality are ingrained in such two models and how such notions often differ significantly. in the last part, it goes on to highlight the main repercussions of these two models as far as legal interpretation is concerned.
Rational Law-Giving: Structural and Interpretive Queries
giovanni battista ratti
2017
Abstract
The paper analyzes two main models of legal rationality: the logical model and the reason-based model. in particular, it shows that several notions of rationality are ingrained in such two models and how such notions often differ significantly. in the last part, it goes on to highlight the main repercussions of these two models as far as legal interpretation is concerned.
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