The concept of reasonableness has two related meanings in law and political theory:
Reasonableness should not be conflated with rationality . [1]
Reasonableness has been discussed by political thinkers such as John Rawls (in his 1993 Political Liberalism ), [2] [3] [1] T. M. Scanlon, [2] Brian Barry [2] and Georg Henrik von Wright. [1]
The notion of "reasonableness" is omnipresent in European law, and has also affected "international treaties and general customs". [4] Examples of its use can be found in canon and medieval law, suggesting roots going back to Ancient Rome. [4]
Standards and doctrines requiring reasonableness include:
In constitutional and administrative law, reasonableness is a lens through which courts examine the constitutionality or lawfulness of legislation and regulation. [12] [13] [14] According to Paul Craig, it is "concerned with review of the weight and balance accorded by the primary decision-maker to factors that have been or can be deemed relevant in pursuit of a prima facie allowable purpose". [15]
Examples of reasonableness standards in common law jurisdictions include:
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Reasonability is a legal term. The scale of reasonability represents a quintessential element of modern judicial systems and is particularly important in the context of international disputes and conflicts of laws issues. The concept is founded on the notion that all parties should be held to a reasonable standard of conduct[ citation needed ] and has become embedded in a number of international conventions such as the UNIDROIT principles [17] and the CISG. [18]
The concept of reasonability is applicable to Roman law. [19]
Bayesian probability is an interpretation of the concept of probability, in which, instead of frequency or propensity of some phenomenon, probability is interpreted as reasonable expectation representing a state of knowledge or as quantification of a personal belief.
Logical positivism, later called logical empiricism, and both of which together are also known as neopositivism, is a movement whose central thesis is the verification principle. This theory of knowledge asserts that only statements verifiable through direct observation or logical proof are meaningful in terms of conveying truth value, information or factual content. Starting in the late 1920s, groups of philosophers, scientists, and mathematicians formed the Berlin Circle and the Vienna Circle, which, in these two cities, would propound the ideas of logical positivism.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
John Bordley Rawls was an American moral, legal and political philosopher in the liberal tradition. Rawls has been described as one of the most influential political philosophers of the 20th century.
Moral universalism is the meta-ethical position that some system of ethics, or a universal ethic, applies universally, that is, for "all similarly situated individuals", regardless of culture, race, sex, religion, nationality, sexual orientation, gender identity, or any other distinguishing feature. Moral universalism is opposed to moral nihilism and moral relativism. However, not all forms of moral universalism are absolutist, nor are they necessarily value monist; many forms of universalism, such as utilitarianism, are non-absolutist, and some forms, such as that of Isaiah Berlin, may be value pluralist.
"The Unreasonable Effectiveness of Mathematics in the Natural Sciences" is a 1960 article by the physicist Eugene Wigner, published in Communication in Pure and Applied Mathematics. In it, Wigner observes that a physical theory's mathematical structure often points the way to further advances in that theory and even to empirical predictions. Mathematical theories often have predictive power in describing nature.
Scientific evidence is evidence that serves to either support or counter a scientific theory or hypothesis, although scientists also use evidence in other ways, such as when applying theories to practical problems. Such evidence is expected to be empirical evidence and interpretable in accordance with the scientific method. Standards for scientific evidence vary according to the field of inquiry, but the strength of scientific evidence is generally based on the results of statistical analysis and the strength of scientific controls.
William Lane Craig is an American analytic philosopher, Christian apologist, author, and Wesleyan theologian who upholds the view of Molinism and neo-Apollinarianism. He is currently a Professor of Philosophy at Houston Christian University and a Research Professor of Philosophy at Biola University's Talbot School of Theology. Craig has updated and defended the Kalam cosmological argument for the existence of God. He has also published work where he argues in favor of the historical plausibility of the resurrection of Jesus. His study of divine aseity and Platonism culminated with his book God Over All.
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
Hans Kelsen was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which with amendments is still in operation. Due to the rise of totalitarianism in Austria, Kelsen left for Germany in 1930 but was forced out of his university post after the Nazi seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and in 1940 he moved to the United States. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on social psychology and sociology.
Political Liberalism is a 1993 book by the American philosopher John Rawls, an update to his earlier A Theory of Justice (1971). In it, he attempts to show that his theory of justice is not a "comprehensive conception of the good" but is instead compatible with a liberal conception of the role of justice, namely, that government should be neutral between competing conceptions of the good. Rawls tries to show that his two principles of justice, properly understood, form a "theory of the right" which would be supported by all reasonable individuals, even under conditions of reasonable pluralism. The mechanism by which he demonstrates this is called "overlapping consensus". Here he also develops his idea of public reason.
Psychologism is a family of philosophical positions, according to which certain psychological facts, laws, or entities play a central role in grounding or explaining certain non-psychological facts, laws, or entities. The word was coined by Johann Eduard Erdmann as Psychologismus, being translated into English as psychologism.
Desmond M. Clarke was an Irish author and professor of philosophy at University College Cork (UCC). His research interests include history of philosophy and theories of science, with a specific interest in the writings of René Descartes, as well as contemporary church/state relations, human rights, and nationalism.
In United States constitutional law, expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, expectations of privacy can be subjective or objective.
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada. That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Crown minister, while exercising ministerial discretion.
Dan Zahavi is a Danish philosopher. He is currently a professor of philosophy at University of Copenhagen.
Judicial review in Scotland is a part of United Kingdom constitutional law that functions within the framework of Scots administrative law.
Wednesbury unreasonableness is a ground of judicial review in Singapore administrative law. A governmental decision that is Wednesbury-unreasonable may be quashed by the High Court. This type of unreasonableness of public body decisions was laid down in the English case of Associated Provincial Picture Houses v. Wednesbury Corporation (1947), where it was said that a public authority acts unreasonably when a decision it makes is "so absurd that no sensible person could ever dream that it lay within the powers of the authority".
Ontario v. Quon, 560 U.S. 746 (2010), is a United States Supreme Court case concerning the extent to which the right to privacy applies to electronic communications in a government workplace. It was an appeal by the city of Ontario, California, from a Ninth Circuit decision holding that it had violated the Fourth Amendment rights of two of its police officers when it disciplined them following an audit of pager text messages that discovered many of those messages were personal in nature, some sexually explicit. The Court unanimously held that the audit was work-related and thus did not violate the Fourth Amendment's protections against unreasonable search and seizure.
In Magajane v Chairperson, North West Gambling Board is an important case in South African criminal procedure. Magajane sought leave to appeal against the dismissal of his constitutional challenge to the provisions of section 65 of the North West Gambling Act. This challenge was on the ground that the provision violated his right to privacy by authorising inspectors to search his commercial premises and to seize items without a warrant. While the section authorised inspections of both licensed and unlicensed premises, he confined his challenge to inspections of unlicensed premises.
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