terça-feira, 14 de dezembro de 2010

Weil no simpósio sobre Vermeule

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Rivka Weill (Radzyner School of Law - Interdisciplinary Center) has
posted Can We Reason About Reason? On Adrian Vermeule’s Law and the
Limits of Reason (Jerusalem Review of Legal Studies, Vol. 2, pp. 15-32,
2010) on SSRN. Here is the abstract:
This is Rivka Weill's contribution to the symposium on Adrian
Vermeule's book “Law and the Limits of Reason.”
And from the text:
One cannot stay indifferent to Vermeule’s Law and the Limits of Reason.
Vermeule has succeeded in writing a provocative book suggesting that we
reallocate constitutional decision-making authority to enhance the role
of legislatures (through statutes and constitutional amendments) and
reduce the role of the Supreme Court. Alternatively, he suggests, we
should diversify the professional composition of justices so that at
least one would be a lay justice or hold a dual competence in law and
an unrelated field. The optimal solution might be a combination of the
two proposals, implementing each partially. Both proposals share a
common characteristic: transfer of power from law justices to lay
decision-makers, whether on the Court or in other branches of the

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