Can We Reason About Reason? On Adrian Vermeule’s Law and the Limits of Reason

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This review proceeds in five parts. Part I presents Vermeule's thesis in a nutshell, trying to do justice to its subtle complexities and fine distinctions. Part II focuses on the comparative analysis of the epistemic competence of legislatures versus courts. Part III discusses the viability of recharacterizing the Court's role as a contributor to the legislature’s 'many minds' process in what amounts to be a claim of 'cumulative epistemic legalism.' Part IV comments on Vermeule's idea to diversify the professional make up of the Supreme Court. Part V responds to his suggestion that we reinvigorate the Article V constitutional amendment process and adopt a regime of a codified constitution.

Suggested citation:

Can We Reason About Reason? On Adrian Vermeule's Law and the Limits of Reason, 2 Jerusalem Review of Legal Studies 15, 15-31 (2010)