Mandrikova E. The reasonableness in the legal regulation: the law-making and the application of law requirements

3. The thesis is devoted to the legal phenomenon of the reasonableness and the reasonableness as the system of legal regulation requirements. It is demonstrated the succession of approaches to the category of "reasonableness" in the history of philosophy in general and in the philosophy of law; the features of its reflection in the light of the classic schools of jurisprudence are analyzed. It is shown that the reasonableness is a universal requirement, that defines the nature of law in general and the directions of its further development, it operates in all the branches and institutions of law, that allows to determine the reasonableness as a general principle of law. It is stressed that the principle of reasonableness, indicating only the corridor of opportunities in certain situations without specifying directly the particular model of conduct, aims to protect the legal system from the obviously unreasonable models of behavior and recognize all the other so they don't conflict with it. The correlation of the principle of reasonableness with the principle of good faith and the principle of proportionality is demonstrated; in addition, the reasonableness is considered as the part of the rule of law. The content of the principle of reasonableness is described as a set of requirements nominated to the processes of rule-making and application of law: the foundation, the consistency, following the common sense, the prudence, the suitability, the effectiveness and others. Moreover, the law standards, based on the principle of reasonableness, are analyzed. They are the reasonable man, the reasonable time, the reasonable doubt, the reasonable expectations, manifestly ill-founded claims and other. In the thesis it is also given attention to the features of implementing the requirements of the reasonableness in the Romano-Germanic and the Anglo-American legal families and within the religious law (canon law, Islamic law, Jewish law).