Legislation in context : essays in legisprudence

edited by Luc J. Wintgens ; assistant editor Philippe Thion

What is a 'rational framework' for legislation? Although legislation and regulation is the result of a political process, can they also be the object of theoretical study? This book tackles this question by examining the problems that are common to most European legal systems and the approach involves 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.

「Nielsen BookData」より


  • Series preface
  • Introduction, Luc J. Wintgens
  • Part 1 Theory of Legislation: Legitimacy and legitimation from the legisprudential perspective, Luc. J. Wintgens
  • Lawmaking: between discourse and legal text, Wojciech Cyrul
  • The rule of law as the law of legislation, Tatsuo Inoue. Part 2 Legislative techniques, Peter Wahlgren
  • Questioning alternatives to legal regulation, Philippe Thion
  • The emergence of new types of norms, Pauline Westerman
  • A peacekeeping mission as a new type of war? An institutional analysis, Hanneke van Schooten. Part 3 Legislation and the Disciplines: Grounding behaviour in law and economics, Bruce Anderson and Philip McShane
  • Legislation and informatics, Marie-Francine Moens
  • Nulla poena sine lege Parliamentaria? Democratic legitimacy and European penal law, Linda Groning
  • Index.

「Nielsen BookData」より


書名 Legislation in context : essays in legisprudence
著作者等 Wintgens, Luc
Wintgens Luc J.
シリーズ名 Dartmouth series in applied legal philosophy
出版元 Ashgate
刊行年月 c2007
ページ数 xiii, 205 p.
大きさ 24 cm
ISBN 9780754626671
NCID BA8334353X
※クリックでCiNii Booksを表示
言語 英語
出版国 イギリス