REASONABILITY IN THE COURT SCENE: TOWARDS AN EARTHLY HERCULES

Abstract

This work discusses the impact of reasonability in law, focusing in the ways that it influences the configuration of a model of a subject of law. From this analysis, and considering its variable nature, we will go through the role that the judges plays in assigning it a meaning.
In particular, we will put our attention on the different ways that courts have used the reasonability category to answer to circumstances unexpected by the legislation and that change the historical debate between the preservation of juridical stability and the necessary flexibility of court
decision.