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- Title
Applying Bentham's Theory of Fallacies to Chief Justice Robert's Reasoning in West Virginia v. EPA.
- Authors
Neacşu, Dana
- Abstract
The article analyzes the reasoning of the Supreme Court in West Virginia v. EPA, and discusses justiciability as well as appropriate delegation of power to administrative agencies and the proper level of judicial deference to administrative decision making. It mentions incorporates Jeremy Bentham's 1809 work on two classes of fallacies, authority and confusion. It also mentions work on fallacious thinking continues as it exposes arguments used to cloud reasoning and block governmental reform.
- Subjects
JUSTICIABILITY; GOVERNMENT agencies; JUDICIAL deference; LOGICAL fallacies; APPEAL to authority (Logical fallacy)
- Publication
Duquesne Law Review, 2023, Vol 61, Issue 1, p95
- ISSN
0093-3058
- Publication type
Article