The Rationality And Justification Of Legislation

Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
ISBN 13 : 3319000624
Total Pages : 256 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Rationality and Justification of Legislation written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.​

Author : Aulis Aarnio
Publisher : Springer Science & Business Media
ISBN 13 : 9400947003
Total Pages : 293 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Rational as Reasonable written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.

Author : Francesco Ferraro
Publisher : Springer Nature
ISBN 13 : 3030872629
Total Pages : 243 pages
Book Rating : 4.25/5 ( download)

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Download or read book Exploring the Province of Legislation written by Francesco Ferraro and published by Springer Nature. This book was released on 2022-01-12 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.

Author : Klaus Meßerschmidt
Publisher : Springer
ISBN 13 : 3319332171
Total Pages : 409 pages
Book Rating : 4.78/5 ( download)

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Download or read book Rational Lawmaking under Review written by Klaus Meßerschmidt and published by Springer. This book was released on 2016-07-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.

Author : A. Daniel Oliver-Lalana
Publisher : Springer
ISBN 13 : 3030120686
Total Pages : 335 pages
Book Rating : 4.89/5 ( download)

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Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.

Author : Luc Wintgens
Publisher : Hart Publishing
ISBN 13 : 1841133426
Total Pages : 161 pages
Book Rating : 4.23/5 ( download)

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Download or read book Legisprudence written by Luc Wintgens and published by Hart Publishing. This book was released on 2002-11-08 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the fourth Benelux-Scandinavian Symposium on Legal Theory."--T.p.

Author : A. Daniel Oliver-Lalana
Publisher : Springer Nature
ISBN 13 : 3031467272
Total Pages : 329 pages
Book Rating : 4.71/5 ( download)

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Download or read book Debating Laws written by A. Daniel Oliver-Lalana and published by Springer Nature. This book was released on 2024-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.

Author : George Duke
Publisher : Cambridge University Press
ISBN 13 : 110715703X
Total Pages : 193 pages
Book Rating : 4.33/5 ( download)

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Download or read book Aristotle's Legal Theory written by George Duke and published by Cambridge University Press. This book was released on 2019-12-19 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.

Author : Luc J. Wintgens
Publisher : Routledge
ISBN 13 : 1317105915
Total Pages : 350 pages
Book Rating : 4.16/5 ( download)

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Download or read book Legisprudence written by Luc J. Wintgens and published by Routledge. This book was released on 2016-04-22 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.

Author : Werner Krawietz
Publisher :
ISBN 13 : 9783428492657
Total Pages : 0 pages
Book Rating : 4.5X/5 ( download)

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Download or read book The Reasonable As Rational? written by Werner Krawietz and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of the last few decades Aulis Aarnio has made a major contribution to the process of laying of new foundations for the theory of practical legal argumentation and modern jurisprudence (legal theory, philosophy of law). He was influenced by the modern philosophy of language and by the late works of Ludwig Wittgenstein as well as being inspired by the analytical-hermeneutic philosophy of his teacher Georg Henrik von Wright.With his original and widely acknowledged research in law and legal systems and the rationality of the resulting scholarly interpretation which have been crowned and honoured with the Alexander von Humboldt Research Award in the field of the Humanities he has changed the face of modern legal science, above all, that of juridical or legal method, the methodology of law and the social sciences and of legal and social theory, the latter in his capacity as editor-in-chief of »Associations«, a new periodical from the same publisher.The »Festschrift« was presented to him on his 60th birthday in the name of his friends and colleagues from all over the world in a specially hand-rafted copy. This book is a kind of handbook to his discipline and contains very profound and sophisticated responses to his magnum opus, »The Rational as Reasonable. A Treatise on Legal Justification«, which has determined and significantly advanced contemporary research in the field of legal and scholarly interpretation and argumentation. It deals with nearly all the central issues in the application of law and its justification.