Legisprudence
eBook - PDF

Legisprudence

A New Theoretical Approach to Legislation

  1. 160 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Legisprudence

A New Theoretical Approach to Legislation

Book details
Table of contents
Citations

About This Book

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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Yes, you can access Legisprudence by Luc Wintgens in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2002
ISBN
9781847311344
Edition
1
Topic
Law
Subtopic
Jurisprudence
Index
Law

Table of contents

  1. Half Title Page
  2. Title verso
  3. Title Page
  4. Title verso
  5. Contents
  6. List of Contributors
  7. 1. Rationality in Legislation—Legal Theory as Legisprudence: An Introduction
  8. 2. Legislation as an Object of Study of Legal Theory: Legisprudence
  9. 3. Making Society through Legislation
  10. 4. Rationality of Legislation in a Sociological View
  11. 5. Legislative Inflation and the Quality of Law
  12. 6. Predictable Rules and Flexible Principles—The Problem of Ideological Pluralism and Legitimacy
  13. 7. Concept and Institution of the State in the European Legal Tradition
  14. 8. Legislation Between Politics and Law
  15. 9. Legisprudence and European Law: in Search of the Principles of European Legislation
  16. 10. Rationality in Legislation by Employing Informatics?
  17. 11. The Forum Model in Evaluation of Legislation