Con la plomada de Lesbos. Celano sobre Rule of Law y particularismo / With the Lesbian rule. Celano on the Rule of Law and particularism

Abstract

B. Celano maintains that our practical reasoning is always subject to the “variability of reasons”, trying to prove that our moral general principles are not adequate to deal with particular cases. This paper concedes that reasons always bear some kind of generality but states that legal reasoning is based on exceptionable principles, principles with defeaters. We must seriously consider those defeaters and that will lead us to a kind of “moderate generalism” that would take into account the relevant particulars of each case. In addition to that, legal reasoning is a particular kind of moral reasoning with a characteristic public and institutionalized quality of its own.

Keywords: Aristotle, Celano (Bruno), defeaters, legal reasoning, moral reasoning, principles, rules.