[Download] "Law-Making and Incommensurability." by McGill Law Journal ~ eBook PDF Kindle ePub Free
eBook details
- Title: Law-Making and Incommensurability.
- Author : McGill Law Journal
- Release Date : January 01, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 348 KB
Description
The author explores the implications of incommensurability for lawmakers. In a pluralistic society, the task of preferring one objective over another in cases where the value of these objectives cannot be measured or compared is daunting. The author argues that far from preventing rational choice, thoughtful consideration of the concept of incommensurability permits many legislative choices and precludes only dogmatism and undue righteousness. The author first defines the paramaters of the notion of incommensurability, allowing for a deeper understanding of the concept and limiting the notion to one that is relevant in the realm of practical decision making. He discusses incommensurability in relation to abstract notions of human goods, concrete instances of these goods, and moral principles and virtues. He then examines the ways in which decisions preferring the realization of one incommensurable benefit over another can be made in a manner that is not irrational.