Synthetic and Progressive Development of the Structure of Rationalization
Restatement is a potentially useful mechanism for aggregating the considered opinions of deliberating citizens in ways that can contribute to progressive development of legal structures for rationalizing the human relationship with the environment. The object of restatement is synthetic and progressive, to craft a comprehensive statement of the underlying rationale for a category of decisions. Legal restatement and its distant relative, content analysis, can be united in an analytic framework for interpreting discourses aimed at the resolution of concrete disputes with implications for global environmental governance. That framework can be applied through juristic deliberation, which is a particular type of minipublic. The similarities and contrasts between restatement and content analysis serve to illuminate the potential paths along which a rationalization structure might develop.
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