Doing justice to rights and values: teleological reasoning and proportionality

@article{Sartor2010DoingJT,
  title={Doing justice to rights and values: teleological reasoning and proportionality},
  author={Giovanni Sartor},
  journal={Artificial Intelligence and Law},
  year={2010},
  volume={18},
  pages={175-215}
}
This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework… CONTINUE READING

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