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Legislation in Context: Essays in Legisprudence

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Edited by: Luc J. Wintgens

ISBN13: 9780754626671
Published: August 2007
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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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.

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Subjects:
Jurisprudence
Contents:
Series preface
Introduction, Luc J. Wintgens and Philippe Thion
Part I Theory of Legislation:
Legitimacy and legitimation from the legisprudential perspective, Luc. J. Wintgens
Lawmaking: between discourse and legal text, Wojciech Cyrul
The rule of law as the law of legislation, Tatsuo Inoue.
Part II Legislation, Rules and Norms:
Legislative techniques, Peter Wahlgren
Questioning alternatives to legal regulation, Philippe Thion
The emergence of new types of norms, Pauline Westerman
A peacekeeping mission as a new category of war? An institutional analysis, Hanneke van Schooten.
Part III Legislation and the Disciplines:
Grounding behaviour in law and economics, Bruce Anderson and Philip McShane
Legislation and informatics, Marie-Francine Moens
Nulla poena sine lege Parliamentaria? Democratic legitimacy and European penal law, Linda Gröning.