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Published online by Cambridge University Press: 08 November 2019
This chapter discusses two aspects of rationality in the law, namely the constructive and the ecological. I will begin with a short outline of Kant’s practical philosophy since it constitutes a perfect point of reference for the subsequent considerations: it helps to bring to the fore two opposing dimensions of rationality – the ideal and the factual. I proceed to discuss the attempts to construct elaborate standards of rational thinking in law and morals, identifying their strengths and weaknesses, and exposing their role as “signposts” directing and organizing our cognitive efforts.
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