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Legislation in Context: Essays in Legisprudence
DOI link for Legislation in Context: Essays in Legisprudence
Legislation in Context: Essays in Legisprudence book
Legislation in Context: Essays in Legisprudence
DOI link for Legislation in Context: Essays in Legisprudence
Legislation in Context: Essays in Legisprudence book
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ABSTRACT
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.
TABLE OF CONTENTS
part |2 pages
Part I THEORY OF LEGISLATION
chapter 1|52 pages
Legitimacy and Legitimation from the Legisprudential Perspective
part |2 pages
Part II LEGISLATION, RULES AND NORMS