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.
- 160 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
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Table of contents
- Half Title Page
- Title verso
- Title Page
- Title verso
- Contents
- List of Contributors
- 1. Rationality in LegislationāLegal Theory as Legisprudence: An Introduction
- 2. Legislation as an Object of Study of Legal Theory: Legisprudence
- 3. Making Society through Legislation
- 4. Rationality of Legislation in a Sociological View
- 5. Legislative Inflation and the Quality of Law
- 6. Predictable Rules and Flexible PrinciplesāThe Problem of Ideological Pluralism and Legitimacy
- 7. Concept and Institution of the State in the European Legal Tradition
- 8. Legislation Between Politics and Law
- 9. Legisprudence and European Law: in Search of the Principles of European Legislation
- 10. Rationality in Legislation by Employing Informatics?
- 11. The Forum Model in Evaluation of Legislation
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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 1.5 million books available in our catalogue for you to explore.