Law and the Limits of Reason
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Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he proposes and defends a "codified constitution" - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.
Introduction The Limits of Reason in Legal Theory 11 Many-Minds Arguments 252 The Constitutional Common Law: Information Aggregation 573 The Constitutional Common Law: Evolution 974 Justices and Company 1235 Unintended Consequences and Constitutional Amendments 163Conclusion: The Codified Constitution 187Acknowledgments 195Index 197
