Legislation in Context: Essays in Legisprudence
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Legislation in Context: Essays in Legisprudence: (Applied Legal Philosophy)

Legislation in Context: Essays in Legisprudence: (Applied Legal Philosophy)


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About the Book

The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study. It examines the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.

Table of Contents:
Contents: Series preface; Introduction, Luc J. Wintgens and Philippe Thion; Part I Theory of Legislation: Legitimacy and legitimation from the legisprudential perspective, Luc. J. Wintgens; Lawmaking: between discourse and legal text, Wojciech Cyrul; The rule of law as the law of legislation, Tatsuo Inoue. Part II Legislation, Rules and Norms: Legislative techniques, Peter Wahlgren; Questioning alternatives to legal regulation, Philippe Thion; The emergence of new types of norms, Pauline Westerman; A peacekeeping mission as a new category of war? An institutional analysis, Hanneke van Schooten. Part III Legislation and the Disciplines: Grounding behaviour in law and economics, Bruce Anderson and Philip McShane; Legislation and informatics, Marie-Francine Moens; Nulla poena sine lege Parliamentaria? Democratic legitimacy and European penal law, Linda Gröning.

About the Author :
Luc J. Wintgens is Director of the Centre for Legislation, Regulation and Legisprudence, and Dean of the Law Faculty at Katholieke Universiteit Brussels, Belgium. Luc J. Wintgens, Philippe Thion, Wojciech Cyrul, Tatsuo Inoue, Peter Wahlgren, Pauline Westerman, Hanneke van Schooten, Bruce Anderson, Philip McShane, Marie-Francine Moens, Linda Gröning.

Review :
'Legisprudence mainly focuses on pragmatic efforts aimed at improving the quality of legislation. The merit of this book is to highlight theoretical aspects and critical reflections. It furthers a deeper understanding of legislation and helps to develop legisprudence as a comprehensive approach to the legislative phenomenon.' 'Legisprudence mainly focuses on pragmatic efforts aimed at improving the quality of legislation. The merit of this book is to highlight theoretical aspects and critical reflections. It furthers a deeper understanding of legislation and helps to develop legisprudence as a comprehensive approach to the legislative phenomenon.' Luzius Mader, Swiss Graduate School of Public Administration, Switzerland. 'For too long now, the field of jurisprudence has focused almost exclusively on the judge, inadvertently creating the false impression that processes of interpretation are all that matter in the law. The authors of this volume show how rewarding it is to focus on legislation and on alternative forms of regulation to correct this imbalance; I have found many stimulating thoughts in its pages.' Willem J. Witteveen, Tilburg University


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Product Details
  • ISBN-13: 9780754684947
  • Publisher: Taylor & Francis Ltd
  • Publisher Imprint: Ashgate Publishing Limited
  • Edition: New edition
  • Language: English
  • Width: 156 mm
  • ISBN-10: 0754684946
  • Publisher Date: 01 Nov 2007
  • Binding: Digital (delivered electronically)
  • Height: 234 mm
  • Series Title: Applied Legal Philosophy


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