Cantitate/Preț
Produs

Conceptions and Misconceptions of Legislation: Legisprudence Library, cartea 5

Editat de A. Daniel Oliver-Lalana
en Limba Engleză Hardback – 28 iun 2019
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
 
Citește tot Restrânge

Toate formatele și edițiile

Toate formatele și edițiile Preț Express
Paperback (1) 92000 lei  6-8 săpt.
  Springer International Publishing – 14 aug 2020 92000 lei  6-8 săpt.
Hardback (1) 92585 lei  6-8 săpt.
  Springer International Publishing – 28 iun 2019 92585 lei  6-8 săpt.

Din seria Legisprudence Library

Preț: 92585 lei

Preț vechi: 112909 lei
-18% Nou

Puncte Express: 1389

Preț estimativ în valută:
17717 18634$ 14804£

Carte tipărită la comandă

Livrare economică 08-22 ianuarie 25

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9783030120672
ISBN-10: 3030120678
Pagini: 333
Ilustrații: XVI, 335 p. 6 illus., 1 illus. in color.
Dimensiuni: 155 x 235 x 26 mm
Greutate: 0.67 kg
Ediția:1st ed. 2019
Editura: Springer International Publishing
Colecția Springer
Seria Legisprudence Library

Locul publicării:Cham, Switzerland

Cuprins

Part I. Ways and models of legislation.- 1 The language of laws in classic Athens.- 2 Misconceptions on legislative quality: an enlightened approach to the drafting of legislation.- 3 Rationality in criminal legislation: rational decision-making in a complex socio-legislative process- 4 Legislation, communication, and authority. How to account for the bindingness of law?.- 5 Legislation and nudging.- 6 Back to regulatory law - 7 Freedom and legislation.- Part II. Legislation in a culture of justification.- 8 Legislation as balancing.- 9 Proportionality, lawmaking, and constitutional democracy.- 10 Legislation and argumentation: a model for the analysis of legislative reasoning.- 11 Legislative deliberation and judicial review.- 12 Special-interest legislation and legislative capture.- Part III. Legisprudence, lawyers, and society.- 13 Legisprudence in legal education and research.- 14 On the legislative gap in the study of law.- 15 Taking legislation seriously: sociological, socio-legal, and social policy arguments.

Notă biografică

A. Daniel Oliver-Lalana, Dr. iur., LL.M. (Genova), is currently a Ramón y Cajal Fellow at the University of Zaragoza’s Law Faculty. His publications include Legitimidad a través dela comunicación (2011), Derecho y cultura de protección de datos (2012, with J.F. Muñoz),The Rationality and Justification of Legislation (2013, co-edited with L. Wintgens) and Rational lawmaking under review (2016, co-edited with K. Meßerschmidt).

Textul de pe ultima copertă

This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
 

Caracteristici

Discusses various theoretical accounts and models of legislation, as well as current approaches to the making of law(s) Covers important topics in legislation theory, with a focus on the justification and the societal impact of laws Explores the complexity of legislative argumentation and the role of legisprudence in the study of law