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Conceptions and Misconceptions of Legislation (Paperback, 1st ed. 2019)
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Conceptions and Misconceptions of Legislation (Paperback, 1st ed. 2019)
Series: Legisprudence Library, 5
Expected to ship within 10 - 15 working days
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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.
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