Legislation in Context: Essays in Legisprudence (Applied Legal Philosophy)

Hardcover

ISBN 10: 0754626679 ISBN 13: 9780754626671

Publisher: Routledge, 2007

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.

Review:

'Legisprudence mainly focuses on pragmatic efforts aimed at improving the quality of legislation. The merit of this book is to highlight theoretical aspects and critical reflections. It furthers a deeper understanding of legislation and helps to develop legisprudence as a comprehensive approach to the legislative phenomenon.' Luzius Mader, Swiss Graduate School of Public Administration, Switzerland. 'For too long now, the field of jurisprudence has focused almost exclusively on the judge, inadvertently creating the false impression that processes of interpretation are all that matter in the law. The authors of this volume show how rewarding it is to focus on legislation and on alternative forms of regulation to correct this imbalance; I have found many stimulating thoughts in its pages.' Willem J. Witteveen, Tilburg University

Synopsis:

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 and the approach involves 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.