Correction to: The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In the original publication of the article, the paragraph beginning “We begin with two...     

The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The chief concern of the paper is to initiate discussion on the difference between the private...     

How Reflective and Critical Norm-Usage Paves the Way to the Public Power of Judgement

The purpose of this paper is to demonstrate that Neil MacCormick’s conception of norm-usage makes it necessary to address the concept of the public power of judgement as the key concept for understanding the democratic legitimization of current law. Therefore, firstly I analyse MacCormick’s conception of norm-usage, secondly I demonstrate that it leads to the idea of the institutionalisation of judgemental–interpretative practice, and thirdly, I show that the latter paves the way to the public power of judgement. Finally, I argue that this power needs to be elaborated in terms of competencies which are broader than legal skills and legal reasoning, and, further, that these competencies condition the use of both legal skills and reasoning. Importantly, MacCormick’s contribution to understanding the public power of judgement—when further developed—may indicate the profound role of comprehending the proper significance of law in a democratic polity and its relationship to the citizenry.

     

Editorial

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Whose Reason or Reasons Speak Through the Constitution? Introduction to the Problematics

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems?? nature are taken into account.