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The Resource The power of reason(s) : argumentative rationality and EU regulation, Vesco Paskalev

The power of reason(s) : argumentative rationality and EU regulation, Vesco Paskalev

Creator
Contributor
Summary
The present thesis studies the dynamics of reasoning in the public sphere with the aim to offer a novel way to justify public authority, especially under conditions of broad administrative discretion, and to provide criteria to evaluate the legitimacy of such decisions. The main normative claim I defend is that decisions are justified when they are premised on appropriate reasons, so in the process of rule-making the stated reasons of the authorities (and of participating citizens or organisations) ought to matter. The importance of reasons have always been emphasised by deliberative democrats and civic republicans, but I specify that these should not be reasons which all can accept as commonly argued, but rather reasons which the others may accept (or at least which the others cannot justifiably reject). In my view, the we-perspective is constructed not by an appeal to universal standards purportedly acceptable to all, but by the inclusion of the actual perspectives of different groups of citizens. With this in mind, in the rest of the thesis I show how reasoning in the public sphere makes a difference, so that it can serve both as a standard for non-arbitrariness and as a practical method to achieve it. Thus, apart from its normative function, the requirement for rigorous reasoning gives authorities the needed flexibility, while preventing them from acting arbitrarily. The normative part raises the question how to design institutions to make reasons matter more, or, in other words, how to contain power by the use of reasons. In the empirical part that follows, I study some existing institutions of the European Union from the suggested perspective to provide a few preliminary answers to it. Far from claiming that the EU is a democracy of reasons, I illustrate how a democracy of reasons could look like, how the existing institutions contribute to it, as well as the limits of their contribution
Language
eng
Work
Publication
Extent
261 pages
Note
Examining Board: Professor Giovanni Sartor, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Damian Chalmers, London School of Economics; Professor Christian Joerges, University of Bremen
Instance
Label
The power of reason(s) : argumentative rationality and EU regulation
Title
The power of reason(s)
Title remainder
argumentative rationality and EU regulation
Statement of responsibility
Vesco Paskalev
Creator
Contributor
Subject
Language
eng
Summary
The present thesis studies the dynamics of reasoning in the public sphere with the aim to offer a novel way to justify public authority, especially under conditions of broad administrative discretion, and to provide criteria to evaluate the legitimacy of such decisions. The main normative claim I defend is that decisions are justified when they are premised on appropriate reasons, so in the process of rule-making the stated reasons of the authorities (and of participating citizens or organisations) ought to matter. The importance of reasons have always been emphasised by deliberative democrats and civic republicans, but I specify that these should not be reasons which all can accept as commonly argued, but rather reasons which the others may accept (or at least which the others cannot justifiably reject). In my view, the we-perspective is constructed not by an appeal to universal standards purportedly acceptable to all, but by the inclusion of the actual perspectives of different groups of citizens. With this in mind, in the rest of the thesis I show how reasoning in the public sphere makes a difference, so that it can serve both as a standard for non-arbitrariness and as a practical method to achieve it. Thus, apart from its normative function, the requirement for rigorous reasoning gives authorities the needed flexibility, while preventing them from acting arbitrarily. The normative part raises the question how to design institutions to make reasons matter more, or, in other words, how to contain power by the use of reasons. In the empirical part that follows, I study some existing institutions of the European Union from the suggested perspective to provide a few preliminary answers to it. Far from claiming that the EU is a democracy of reasons, I illustrate how a democracy of reasons could look like, how the existing institutions contribute to it, as well as the limits of their contribution
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Paskalev, Vesco
Date time place
Defence date: 24 July 2013
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2013.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Law
  • Debates and debating
  • Reasoning
Label
The power of reason(s) : argumentative rationality and EU regulation, Vesco Paskalev
Instantiates
Publication
Note
Examining Board: Professor Giovanni Sartor, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Damian Chalmers, London School of Economics; Professor Christian Joerges, University of Bremen
Bibliography note
Includes bibliographical references (pages 243-261)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17355163
Dimensions
30 cm.
Extent
261 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)871273769
Label
The power of reason(s) : argumentative rationality and EU regulation, Vesco Paskalev
Publication
Note
Examining Board: Professor Giovanni Sartor, European University Institute (Supervisor); Professor Loïc Azoulai, European University Institute; Professor Damian Chalmers, London School of Economics; Professor Christian Joerges, University of Bremen
Bibliography note
Includes bibliographical references (pages 243-261)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17355163
Dimensions
30 cm.
Extent
261 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)871273769

Subject

Member of

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