Academic

Weill on Vermeule on Law and the Limits of Reason

By Lawrence Solum

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 government.

Recommended.

Full post as published by Legal Theory Blog on December 13, 2010 (boomark / email).