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Legisprudence: A New Theoretical Approach to Legislation: European Academy of Legal Theory Series

Editat de Luc Wintgens
en Limba Engleză Hardback – 20 noi 2002
The unifying idea behind the essays in this volume is that,although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The focus is on problems that are common to most European legal systems, and the approach involves applying to legislative problems the tools of legal theory (hence 'legisprudence'). Traditional legal theory deals predominantly with the question of the application of law by the judge. Legisprudence enlarges the field of study so as to include the creation of law by the legislator.Following this new approach a variety of new questions and problems are raised, including the validity of norms, their meaning, and the structure of the legal system, problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory. However, by shifting the attention to the legislator, the same questions arise, though traditional legal science covers many of these questions with the cloak of sovereignty. The original essays published in this volume expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest many legal scholars around the world.
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Specificații

ISBN-13: 9781841133423
ISBN-10: 1841133426
Pagini: 160
Dimensiuni: 156 x 234 x 12 mm
Greutate: 0.39 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria European Academy of Legal Theory Series

Locul publicării:London, United Kingdom

Caracteristici

The unifying idea behind the essays in this volume is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study

Notă biografică

Luc Wintgens is Professor of Law and Jurisprudence at the University of Brussels and at the European Academy of Legal Theory,Brussels.

Cuprins

1. Rationality in Legislation-Legal Theory as Legisprudence: An IntroductionLuc J Wintgens2. Legislation as an Object of Study of Legal Theory: LegisprudenceLuc J Wintgens3. Making Society through LegislationLars D Eriksson4. Rationality of Legislation in a Sociological ViewKauko Pietilä5. Legislative Inflation and the Quality of LawSvein Eng6. Predictable Rules and Flexible Principles-The Problem of Ideological Pluralism and LegitimacyChristian Dahlman7. Concept and Institution of the State in the European Legal TraditionHannu Tolonen8. Legislation Between Politics and LawKaarlo Tuori9. Legisprudence and European Law: in Search of the Principles of European LegislationAmaryllis Verhoeven10. Rationality in Legislation by Employing Informatics?Wim Voermans11. The Forum Model in Evaluation of LegislationHeinrich Winter

Recenzii

It is unusual for issues relating to legislation to be dealt with in such a systematic manner and with such enlightened consciousness.a good reference, not only for scholars interested in legislative process and issues, but also for legislative drafters.

Descriere

The essays in this book develop a range of new insights into the relationship between legislative problems and legal theory.