|
Showing 1 - 10 of
10 matches in All Departments
This work provides a rational framework for legislation. The
unifying premise behind the essays is that, although legislation
and regulation are the result of a political process, legislation
and regulation can be the object of theoretical study. The volume
focuses 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'. Whereas traditional
legal theory deals predominantly with the application of law by the
judge, legisprudence enlarges the field of study so as to include
the creation of law by the legislator. The original essays
published in this collection 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 legal scholars
throughout the world.
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.
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.
This work provides a rational framework for legislation. The
unifying premise behind the essays is that, although legislation
and regulation are the result of a political process, legislation
and regulation can be the object of theoretical study. The volume
focuses 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'. Whereas traditional
legal theory deals predominantly with the application of law by the
judge, legisprudence enlarges the field of study so as to include
the creation of law by the legislator. The original essays
published in this collection 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 legal scholars
throughout the world.
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.
The essays collected in this book address legislation from the
viewpoint of legal theory and provide an overview of current
research in legisprudence as a new scholarly approach to lawmaking.
The overall focus of the volume is on the justification of
legislation, with a special emphasis on the intricate notion of
legislative rationality. With the rational justification of
legislation as their central theme, the essays elaborate on the
foundations and bounds of legislation and the search for a more
principled lawmaking, discuss the role of legislation within the
framework of democratic constitutionalism, analyze legislation as
implementation of constitutional law, and explore how legislative
argumentation in parliament can be construed as a source of
justification of laws.
In this age of collections that is ours, many volumes of
collections are published. They contain contributions of several
well-known authors, and their aim is to present a selective
overview of a relevant field of study. This book has the same
purpose. Its aim is to introduce students, scholars and all those
interested in current problems of legal theory and legal philosophy
to the work of the leading scholars in this field. The large number
of publications, both books and articles, that have been produced
over recent decades makes it quite difficult, however, for those
who are making their first steps in this domain to find firm
guidelines. The book is new in its genre because of its method. The
choice was made not to reprint an example of contributors' earlier
basic articles or a part of one of their books. This would only
give a partial view of the rich texture of their work. Rather, the
authors were asked to make an original synthesis of their own
contributions to the field of legal theory and legal philosophy.
Brought together in this volume, they constitute a truly
author-ised view of their work. This book is also new in that each
essay is complemented with bibliographical information in order to
encourage further research on the author's self-selected work. This
will help the reader rapidly to become familiar with the whole of
the published work of the contributors.
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.
In this age of collections that is ours, many volumes of
collections are published. They contain contributions of several
well-known authors, and their aim is to present a selective
overview of a relevant field of study. This book has the same
purpose. Its aim is to introduce students, scholars and all those
interested in current problems of legal theory and legal philosophy
to the work of the leading scholars in this field. The large number
of publications, both books and articles, that have been produced
over recent decades makes it quite difficult, however, for those
who are making their first steps in this domain to find firm
guidelines. The book is new in its genre because of its method. The
choice was made not to reprint an example of contributors' earlier
basic articles or a part of one of their books. This would only
give a partial view of the rich texture of their work. Rather, the
authors were asked to make an original synthesis of their own
contributions to the field of legal theory and legal philosophy.
Brought together in this volume, they constitute a truly
author-ised view of their work. This book is also new in that each
essay is complemented with bibliographical information in order to
encourage further research on the author's self-selected work. This
will help the reader rapidly to become familiar with the whole of
the published work of the contributors.
The essays collected in this book address legislation from the
viewpoint of legal theory and provide an overview of current
research in legisprudence as a new scholarly approach to lawmaking.
The overall focus of the volume is on the justification of
legislation, with a special emphasis on the intricate notion of
legislative rationality. With the rational justification of
legislation as their central theme, the essays elaborate on the
foundations and bounds of legislation and the search for a more
principled lawmaking, discuss the role of legislation within the
framework of democratic constitutionalism, analyze legislation as
implementation of constitutional law, and explore how legislative
argumentation in parliament can be construed as a source of
justification of laws.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
Poor Things
Emma Stone, Mark Ruffalo, …
DVD
R449
R329
Discovery Miles 3 290
Not available
|