Search results for " Psychologism"
showing 2 items of 2 documents
Ragionamento giuridico. Particolarismo. In difesa di un approccio psicologistico
2017
Legal Reasoning, Particularism: In Defense of a Psychologistic Approach. In this paper I recommend a close examination of the reasons favouring a deep and potentially far reaching reorientation of legal theory, and of the theory of norms and norm-based reasoning and decision-making generally, namely, the adoption of a psychologistic approach (“psychodeontics”). I argue in favour of psychologism - not in the anstract, but - with reference to rwo particular topics: legal reasoning (specifically, the justification of judicial decisions) and the project of a of two-tier (principles v. rules) theory of law, informed by a particularistic conception of practical reasoning. I show that there are as…
Reasons, Rules, Exceptions. Towards a Psychological Account
2018
In this paper we defend a psychological account of rule-based reasoning, specifically of the relationship between rules and exceptions. The topic of our inquiry are the relations between rules, the reasons underlying them, and exceptions. In analysing these relations, first, we outline an apparent paradox, the “paradox of rules”, and a related problem, the “problem of reconsideration”. Then, we propose a solution to, or better dissolution of, the paradox, grounded in an account of the psychological processes underlying rule-application and reconsideration. We claim, that is, that the problem of reconsideration should be answered by appealing to matters of sheer psychological fact. The upsho…