Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

The Theory and Practice of Legislation: Essays in Legisprudence


ISBN13: 9780754624615
ISBN: 0754624617
Published: September 2005
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Also available as

This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses 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'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection 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 legal scholars throughout the world.

Subjects:
Jurisprudence
Contents:
Introduction, Luc J. Wintgens; Legisprudence: Theorectical Issues; Legisprudence as a new theory of legislation, Luc J. Wintgens; The quest for legisprudence: constitutionalism v. legalism, Imer Flores; The evolution of economic thinking about legislation and its interpretation by Courts, Richard Posner; Legal instrumentalism revisited, Koen Van Aeken; How rational is rational law making?, Wojciech Cyrul; Constitutionalism, Legalism and Democracy: Two models of democracy: how to make Demos and Hercules collaborate in public deliberation, Tatsuo Inoue; The paradox of democratic representation - on whether and how disagreement should be represented, Samantha Besson; On the decriptive and the prescriptive nature of the Constitution - constitutionalism and the legitmization of the constitution in the practice of its implementation, Pascale Policastro; The theory and practice of constitutional review in the civil law: the case of Belgium, Maurice Adams and Dirk Van Heule; Politics, Legistlation and Legitmacy: Legislating human rights, Tom Campbell; Legitimacy through rationality: parliamentary argumnetation as rational justification of laws, A.D. Oliver-Lalana; The sources of legitimacy of political decisions: between procedure and substance, Jose Luis Marti. Practical Reason, Argumentation and Interpretation: Legislative deliberation: note from the European Parliament, Neil MacCormick; Legislation and argumentation, Manuel Atienza; Evaluating references to the intention of the legislator in judicial decisions, Jose Plug; Practical Issues: EC-law between social message and record of argument - how the theory of legislation can contribute to understanding practical problems of negotiated legislation, Tito Gallas; The justificaiton and the optimization principle in international nuclear law: theory and practice, Ludo Veuchelen.