Rule of Reason
RULE OF REASON
RULE OF REASON, a judicial principle applicable when the purpose and intent of legislation are open to serious question. Application of the principle has been largely restricted to the interpretation of the Sherman Antitrust Act of 1890. This measure, if taken literally, would be unenforceable, and possibly unconstitutional. To evade the issue of the law's constitutionality, the Supreme Court, in the 1911 cases Standard Oil Company v. United States and United States v. American Tobacco Company, enunciated the rule of reason and used it to conclude that the statutory prohibition of "all combinations in restraint of trade" set forth in the act actually meant "all unreasonable combinations in restraint of trade."
Letwin, Willam. Law and Economic Policy in America: The Evolution of the Sherman Antitrust Act. Chicago: University of Chicago Press, 1981 .
W. BrookeGraves/f. b.
"Rule of Reason." Dictionary of American History. . Encyclopedia.com. (March 20, 2018). http://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/rule-reason
"Rule of Reason." Dictionary of American History. . Retrieved March 20, 2018 from Encyclopedia.com: http://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/rule-reason
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