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The Policy of Law

A Legal Theoretical Framework

By: Mauro Zamboni
Media of The Policy of Law
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Published: 19-11-2007
Format: Hardback
Edition: 1st
Extent: 222
ISBN: 9781841137230
Imprint: Hart Publishing
Series: European Academy of Legal Theory Series
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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About The Policy of Law

The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored.

"Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].

Table Of Contents

Introduction: 'Not Law but Politics-Smuggled-into-Law'
1 Law and Politics in Contemporary Legal Theory
2 Law, Politics and the Grey Box
3 Law and Policy
4 The Policy of Law: Opening and Framing the Field
5 The Policy of Law AnalysiS
6 The Policy of Law Analysis: What is the Point?


“...THE POLICY OF LAW: A LEGAL THEORETICAL FRAMEWORK, at once builds on the impressive scholarship of [Zamboni's] intellectual forebears while at the same time offering new insight into a (surprisingly) understudied area of inquiry: the relationship between politics and law…The book is accessible to the sophisticated reader and will be particularly interesting to graduate students and advanced undergraduates who are curious about the ways in which different jurisprudential paradigms can be organized around political..dimensions...In seeking to narrow the scope of inquiry to just what the dominant legal theories have to say about the relationship between law and politics, Zamboni is broadening our understanding both of those foundational theories and of the connection between law and politics itself. As such, he has performed a real intellectual service for contemporary students of legal theory, all of whom should give this book a glance.” –  Beau Breslin, Law and Politics Book Review, Vol. 18 No.5

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