Legisprudence : a new theoretical approach to legislation : proceedings of the Fourth Beneloux-Scandinavian Symopisum on Legal Theory / edited by Luc J. Wintgens.
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...
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Full Text (via ProQuest) |
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| Corporate Authors: | , |
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| Format: | Conference Proceeding eBook |
| Language: | English |
| Published: |
Oxford :
Hart,
2002.
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| Series: | European Academy of Legal Theory series.
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| Subjects: |
MARC
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| 111 | 2 | |a Benelux-Scandinavian Symposium in Legal Theory |n (4th) | |
| 245 | 1 | 0 | |a Legisprudence : |b a new theoretical approach to legislation : proceedings of the Fourth Beneloux-Scandinavian Symopisum on Legal Theory / |c edited by Luc J. Wintgens. |
| 260 | |a Oxford : |b Hart, |c 2002. | ||
| 300 | |a 1 online resource (viii, 150 pages) : |b illustrations. | ||
| 336 | |a text |b txt |2 rdacontent. | ||
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| 490 | 1 | |a The European Academy of Legal Theory series. | |
| 504 | |a Includes bibliographical references. | ||
| 505 | 0 | |a Half Title Page; Title verso; Title Page; Title verso; Contents; List of Contributors; 1. Rationality in Legislation-Legal Theory as Legisprudence: An Introduction; 2. Legislation as an Object of Study of Legal Theory: Legisprudence; I. INTRODUCTION; II. THE ABSENCE OF A THEORY OF LEGISLATION (LEGISPRUDENCE); III. THE INTERNAL AND THE EXTERNAL; IV. THE INTERNAL AND THE EXTERNAL: THE LEGISLATOR'S POINT OF VIEW; V. SUMMARY AND CONCLUSION; 3. Making Society through Legislation; I. INTRODUCTION; II. THE LIBERAL STATE AND THE WELFARE STATE; III. SOME PROBLEMS RELATED TO WELFARE RIGHTS. | |
| 505 | 8 | |a IV. AN EXEMPLIFICATION: WHAT HAPPENED TO THE JOB?V. IS THIS REALLY A CONTRIBUTION TO LEGISPRUDENCE?; 4. Rationality of Legislation in a Sociological View; I. AN OVERTURE IN PHILOSOPHY; II. THE PROBLEM ITSELF; III. MODES OF REPRESENTATION; IV. THE SENSELESS LAWGIVER I: THE CASE OF REDUCED TAXES; V. THE SENSELESS LAWGIVER II: THE CASE OF FINANCIAL LIBERATION; VI. THIS IS A CONSTITUTIONAL PROBLEM; 5. Legislative Inflation and the Quality of Law; I. INTRODUCTION; II. IS GREAT LEGISLATIVE QUANTITY PER SE A BAD THING?; III. SOME MAIN CAUSES OF LEGISLATION-AND OF LEGISLATIVE INFLATION. | |
| 505 | 8 | |a IV. IS BAD LEGISLATION AMONG THE SIGNIFICANT CAUSES OF GREAT LEGISLATIVE QUANTITY?V. WORKING FROM BELOW: LEGAL DEFINITIONS AS A STARTING POINT FOR REFLECTIONS AND AS A TEST CASE FOR GENERAL PROPOSITIONS; VI. CONCLUSION; 6. Predictable Rules and Flexible Principles-The Problem of Ideological Pluralism and Legitimacy; I. INTRODUCTION; II. TWO WAYS OF DEALING WITH PLURALISTIC LEGAL CONCEPTS; III. CONCLUSION; 7. Concept and Institution of the State in the European Legal Tradition; I. POINTS OF DEPARTURE; II. FEUDAL STATE/SOCIETY; III. THE MODERN PUBLIC POWER: THE BUREAUCRATIC STATE. | |
| 505 | 8 | |a IV. WELFARE STATE AND POST-WELFARE CONCEPTION OF THE STATEV. CONCLUSION; 8. Legislation Between Politics and Law; I. THE PROBLEM OF LEGISPRUDENCE; II. LEGISLATIVE ACTIVITIES AS A COMBINATION OF POLITICAL AND LEGAL PRACTICES; III. LEGISLATION IN THE OVERALL STRUCTURE OF THE LEGAL ORDER; IV. LAW AND MORALS; V. EXCURSION: THE AUTONOMY OF THE LAW; VI. THE RATIONALITY OF LEGISLATION; 9. Legisprudence and European Law: in Search of the Principles of European Legislation; I. INTRODUCTION; II. LAW-MAKING IN EUROPE: AN UNCONVENTIONAL SCHEME; III. IN SEARCH OF A CONCEPTUAL MODEL; IV. CONCLUSION. | |
| 505 | 8 | |a 10. Rationality in Legislation by Employing Informatics?I. DRAFTING ASSISTANCE AND COMPUTERS: LEGIMATICS; II. LEGISLATIVE DRAFTING AND LEGAL PROBLEM SOLVING; III. LEGISLATIVE QUALITY STANDARDS AS A MOTIVATION FOR THE DEVELOPMENT OF LEDA; IV. THE LEDA-SYSTEM: HOW DOES IT WORK?; V. CONCLUSION; 11. The Forum Model in Evaluation of Legislation; I. INTRODUCTION; II. THE GROWING IMPORTANCE OF EVALUATION-RESEARCH; III. LEGISLATIVE POLICY: FROM QUANTITY TO QUALITY; IV. THE ORIENTATION OF META-EVALUATIONS; V. CENTRAL THESIS: SYSTEMATIC EVALUATION CAN LEAD TO IMPROVED QUALITY OF LAWS. | |
| 520 | |a 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. | ||
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| 700 | 1 | |a Wintgens, Luc. | |
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