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Legisprudence : A New Theoretical Approach to Legislation - Luc J. Wintgens


A New Theoretical Approach to Legislation

By: Luc J. Wintgens (Editor)


Published: 21st November 2002
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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. Following this new approach, a variety of new questions and problems are raised, including the validity of norms, their meaning, and the structure of the legal system, problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory. However, by shifting the attention to the legislator, the same questions arise, though traditional legal science covers many of these questions with the cloak of sovereignty. The original essays published in this volume 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 many legal scholars around the world.

It is unusual for issues relating to legislation to be dealt with in such a systematic manner and with such enlightened consciousness.a good reference, not only for scholars interested in legislative process and issues, but also for legislative drafters. Yu Xingzhong, The Chinese University of Hong Kong The Law and Politics Book Review July 2003

Which is the research Centre of Cambridge University
Law Faculty specialising in European legal issues
The papers presented are all at the cutting edge of the fields which they address
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781841133423
ISBN-10: 1841133426
Series: European Academy of Legal Theory Series
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 160
Published: 21st November 2002
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 1.2
Weight (kg): 0.39
Edition Number: 1