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Legisprudence: Practical Reason in Legislation

ISBN13: 9781409419815
Published: March 2012
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00

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This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system.

In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.

The metaphysics of legalism
The individual in context
Rationality in context
Freedom in context
Strong legalism or the absent theory of legislation
Legitimacy and legitimation - from strong legalism to legisprudence
From proxy to trading off: the principles of legisprudence
Legisprudence and the duties of power: a legisprudential assessment of rational legislation