Chapter 11: Rethinking legal reasoning: should jurists take interests more seriously?
The purpose of the final two chapters is to provide a more concrete means for rethinking legal reasoning. The chapters do this by emphasising the interest model over the other models (cf Chapter 4). They accordingly investigate whether the notion of an interest should be taken at least as seriously as the notion of a right and it is argued (using in particular the work of François Ost) that it should. And not only because it can be just as amenable to the institutional taxonomical structure often said to be at the basis of rights thinking in law. It should be taken seriously also because the notion of an interest has a more epistemologically convincing explanatory power with respect to reasoning in law and its relation to social facts (at least as far as the common law is concerned). In this first chapter on the notion of an interest the notion itself is examined and then analysed from the position of the legal subject (persona), legal object (res) and legal remedy (actio).
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.