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Legisprudence : a new theoretical approach to legislation : proceedings of the Fourth Beneloux-Scandinavian Symopisum on Legal Theory /
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...
| Clasificación: | Libro Electrónico |
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| Autores Corporativos: | , |
| Otros Autores: | |
| Formato: | Electrónico Congresos, conferencias eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
Hart,
2002.
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| Colección: | European Academy of Legal Theory series.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- 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.
- 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.
- 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.
- 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.
- 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.