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Vol 22 No 7 July/August 2017

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Legisprudence

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ISBN13: 9781841133423
ISBN: 1841133426
Published: November 2002
Publisher: Hart Publishing
Format: Hardback
Price: £85.00



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The idea behind this text is that, although legislation and regulation are the result of a political process, they can be the object of theoretical study. The focus is on problems common to most European legal systems, and the approach involves applying the tools of legal theory to legislative problems (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 approach a variety of 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 essays in this volume expose and develop a range of insights into the relationship between legislative problems and legal theory in a way which should engage and interest legal scholars around the world.

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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

Series: European Academy of Legal Theory Series

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