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Exploring the Province of Legislation - Theoretical and Practical Perspectives in Legisprudence (Hardcover, 1st ed. 2022)
Loot Price: R3,944
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Exploring the Province of Legislation - Theoretical and Practical Perspectives in Legisprudence (Hardcover, 1st ed. 2022)
Series: Legisprudence Library, 9
Expected to ship within 12 - 17 working days
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Legisprudence considers a variety of perspectives and relies on
contributions from numerous different disciplines. Rather than
providing examples of the various possible approaches to
legisprudential studies, this book - bringing together lawyers and
legal theorists from seven different countries - highlights two
aspects of the many disciplines involved. Firstly, it discusses
theoretical abstraction, which borders on, or enters into the realm
of full-fledged philosophical speculation. Secondly, it examines
empirical observation of specific cases, precisely situated
regarding their spatial or historical collocation, or referring to
a particular species of legislative policy. Focusing on legislation
both as a process and as a result, the aim of the book is twofold:
on the one hand, it demonstrates that, far from being a purely
theoretical and exclusively academic intellectual enterprise,
legisprudence can offer criteria for both assessing and improving
the quality of real-world legislation. On the other hand, it shows
how lawmaking is at least as interesting and legitimate a field of
inquiry as adjudication and interpretation of laws for legal
theorists and philosophers of law, and that they are already
equipped with extremely valuable intellectual tools for fruitful
legisprudential inquiry. The book is organized in two parts. The
first part comprises legal-theoretical accounts on general aspects
of legislation as a process and as a result. The second part
presents contributions focusing on specific experiences of
evaluations of legislative quality and contributions to the
legislature's work on the part of the public, as well as on
particular legislative policies, methodologies in lawmaking, and
problems regarding legislation as an instrument.
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