Legisprudence: A New Theoretical Approach to LegislationLuc Wintgens Hart Publishing, 08/11/2002 - 150 páginas The unifying idea behind the essays in this volume is that,although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The focus is 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'). 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. |
Índice
An Introduction | 1 |
Legisprudence | 9 |
3 Making Society through Legislation | 41 |
4 Rationality of Legislation in a Sociological View | 49 |
5 Legislative Inflation and the Quality of Law | 65 |
6 Predictable Rules and Flexible PrinciplesThe Problem of Ideological Pluralism and Legitimacy | 81 |
7 Concept and Institution of the State in the European Legal Tradition | 87 |
8 Legislation Between Politics and Law | 99 |
in Search of the Principles of European Legislation | 109 |
10 Rationality in Legislation by Employing Informatics? | 127 |
11 The Forum Model in Evaluation of Legislation | 139 |
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Legisprudence: A New Theoretical Approach to Legislation Luc Wintgens Pré-visualização limitada - 2002 |
Legisprudence: A New Theoretical Approach to Legislation Luc Wintgens Pré-visualização indisponível - 2002 |
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Referências a este livro
A Treatise of Legal Philosophy and General Jurisprudence Enrico Pattaro Pré-visualização limitada - 2012 |
The Theory and Practice of Legislation: Essays in Legisprudence Luc Wintgens,Philippe Thion,Melanie Carly Pré-visualização indisponível - 2005 |