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A New Theoretical Approach to Legislation

Editor(s): Luc Wintgens
Media of Legisprudence
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Published: 21-11-2002
Format: PDF eBook (?)
Edition: 1st
Extent: 160
ISBN: 9781847311344
Imprint: Hart Publishing
Series: European Academy of Legal Theory Series
RRP: £85.50
Online price : £68.40
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Loren Epson

About Legisprudence

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.

Table Of Contents

1. Rationality in Legislation-Legal Theory as Legisprudence: An Introduction
Luc J Wintgens

2. Legislation as an Object of Study of Legal Theory: Legisprudence
Luc J Wintgens

3. Making Society through Legislation
Lars D Eriksson

4. Rationality of Legislation in a Sociological View
Kauko Pietilä

5. Legislative Inflation and the Quality of Law
Svein Eng

6. Predictable Rules and Flexible Principles-The Problem of Ideological Pluralism and Legitimacy
Christian Dahlman

7. Concept and Institution of the State in the European Legal Tradition
Hannu Tolonen

8. Legislation Between Politics and Law
Kaarlo Tuori

9. Legisprudence and European Law: in Search of the Principles of European Legislation
Amaryllis Verhoeven

10. Rationality in Legislation by Employing Informatics?
Wim Voermans

11. The Forum Model in Evaluation of Legislation
Heinrich Winter


“It is unusual for issues relating to legislation to be dealt with in such a systematic manner and with such enlightened consciousness.a good reference, not only for scholars interested in legislative process and issues, but also for legislative drafters.” –  Yu Xingzhong, The Chinese University of Hong Kong, The Law and Politics Book Review

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