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Legisprudence - Practical Reason in Legislation (Paperback)
Loot Price: R1,694
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Legisprudence - Practical Reason in Legislation (Paperback)
Series: Applied Legal Philosophy
Expected to ship within 10 - 15 working days
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This book establishes legisprudence, in contrast to jurisprudence,
as a legal theory of rational law-making. It suggests that by
rejecting the common wisdom about the nature of political
law-making, legislation could be improved and streamlined. Using
the methods, theoretical insights and tools of current legal theory
and philosophy of law in a new way, the book suggests the creation
of law by legislators rather than government. Raising new questions
and problems of the validity of norms, the book opens a new
perspective on legitimacy of norms, their meaning and the structure
of the legal system. In distinguishing legitimacy and legitimation
of law, the book ventures into the philosophical roots of legal
theory and suggests the articulation of a new conception of
sovereignty. In shifting the emphasis to the position of the
legislator and legislation, this book opens a number of new
insights into the relationship between legislative problems and
legal theory. Its main claim is that legislation should be
justified by the legislator.
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