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حقوق::
دلیل اساسی
The demands of substantive reason have always been recognised as a means of limiting the possible answers to a particular question, or outcomes to a particular scenario.
Rawls describes the connection between substantive reasoning and objectivity as
Further, they must, when confronted with conflicting policy considerations, engage critically and meaningfully with the substantive reasons underlying these considerations so as to determine their applicability to, and the weight that should be afforded to them in, that particular enquiry.
As Sen has noted, 'even entirely impartialjudges, who are not moved by vested interests or by personal eccentricity, may see the force of several disparate reasons'.86 Similarly, Cockrell remarks that 'substantive reasons are difficult reasons; they require hard choices to be made between moral and political values which are inherently contestable and over which rational people will disagree'.87 The fact that universal agreement will not reached in all cases of public policy determination is obvious.
Therefore, the questions that a court should ask evert7 time that it is required to consider public policy are: what are the substantive reasons that underlie the existence and operation of pacta sunt servanda; and, to what extent are these reasons applicable to the circumstances of this case?
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