A New Theoretical Approach to Legislation
Edited by Luc J. Wintgens
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Legisprudence by Luc J. Wintgens
Book DescriptionThe 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.
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Book DetailsISBN: 9781841133423
(234mm x 156mm x 12mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 21-Nov-2002
Country of Publication: United Kingdom
Books By Author Luc J. Wintgens
Legisprudence, Hardback (March 2012)
Establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. This title suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined.
Legislation in Context, Hardback (August 2007)» View all books by Luc J. Wintgens
What is a 'rational framework' for legislation? Although legislation and regulation is the result of a political process, can they also be the object of theoretical study? This book tackles this question by examining the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems.
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Author Biography - Luc J. Wintgens
Luc Wintgens is Professor of Law and Jurisprudence at the University of Brussels and at the European Academy of Legal Theory,Brussels.
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