Liberal Perfectionism and the Virtues

Mangini, Michele

doi:10.1007/978-3-030-15860-6_11

Cited by 2 publications

(2 citation statements)

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“…(Cf. Mangini 2019) widely applied in rights adjudication. 'It consists of a sequence of tests designed to identify interferences with rights and determine whether they can be justified as proportionate means for the realization of legitimate aims'.…”

Section: Discussionmentioning

confidence: 99%

“…Adjudication by Italian and EU highest courts has brought about the following meanings of reasonableness: logical coherence, consistency, equality of treatment, suitability, proportionality/balancing, efficiency and social acceptability. 3 (Mangini 2018, 211 f) Although the apparent disparity of these criteria seems to respond to a variety of demands coming from social practise, it seems that a common thread can be traced through these criteria: a meta-criterion of proportion/balance that underlies logical coherence of values within a legal system, suitability between a goal and the means to achieve it, balancing different values, and, finally, balancing the values of decision-making with social acceptability.…”

Section: The Legal Discovery Of Reasonablenessmentioning

confidence: 99%

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In search of reasonableness: between legal and political philosophy

Mangini

2022

Philosophy & Social Criticism

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Reasonableness is a complex notion recently developed by legal and political theorists. John Rawls’s famous proposal of ‘reasonableness as reciprocity’ requires careful testing in the light of several criteria arising from legal doctrine and adjudication. I enquire into this variety of concepts in search of a common thread that makes sense of the use of the same concept in diverse contexts. I assume the normative thrust of reasonableness as an institutional and an individual virtue the basic core of which derives from Aristotelian phronesis. However, this double aspect of reasonableness betrays its major complexity that I try to shape through the help of two categories: subjective agency and objective context. The upshot of my enquiry will be that of showing that we can use another model, alternative to Rawls’s and better able to make sense of the variety of legal and ethical uses: Von Wright’s reasonableness as ‘the right way of living’.

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Section: Discussionmentioning

confidence: 99%

Section: The Legal Discovery Of Reasonablenessmentioning

confidence: 99%