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

Resource Information

The work The power of reason(s) : argumentative rationality and EU regulation represents a distinct intellectual or artistic creation found in European University Institute. This resource is a combination of several types including: Work, Language Material, Books.

Label

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

Title remainder

argumentative rationality and EU regulation

Statement of responsibility

Vesco Paskalev

Creator

• Paskalev, Vesco

Contributor

• European University Institute, Law Department

Subject

• Debates and debating
• Law -- Methodology
• Reasoning

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

• EUI PhD theses

Cataloging source

IT-FiEUI

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

Series statement

• EUI PhD theses
• EUI theses