Balancing of Interests: Reflections on the Notion of Interest

Diritto & Questioni Pubbliche, Vol. 3, pp. 299-312, 2003

14 Pages Posted: 2 May 2006 Last revised: 27 Nov 2013

Date Written: April 8, 2011

Abstract

This is a legal theory article on a methodology judges and arbitrators may use to balance interests in their decision making-process. Special consideration is given to the definition of the notion of interest, which lies between legal norms and facts, and its role in relation to vague or indetermined legal norms. The article seeks to find common threads in the developments of legal philosophers such as H.L.A. Hart, Ronald Dworkin, Jeremy Bentham, Jürgen Habermas, François Ost, Enrico Pattaro, and Umberto Eco.

Note: Downloadable document is in Italian.

Keywords: Balancing of interests, concept of interest, legal theory, methodology in adjudicative decision-making, norms and facts

JEL Classification: K00

Suggested Citation

Schultz, Thomas, Balancing of Interests: Reflections on the Notion of Interest (April 8, 2011). Diritto & Questioni Pubbliche, Vol. 3, pp. 299-312, 2003. Available at SSRN: https://ssrn.com/abstract=899080

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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