Legisprudence: A New Theoretical Approach to Legislation

(Hardback)

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The idea behind this text is that, although legislation and regulation are the result of a political process, they can be the object of theoretical study. The focus is on problems common to most European legal systems, and the approach involves applying the tools of legal theory to legislative problems (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 approach a variety of 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 essays in this volume expose and develop a range of insights into the relationship between legislative problems and legal theory in a way which should engage and interest legal scholars around the world.

Reviews

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 *

Author Bio

Luc Wintgens is Professor of Law and Jurisprudence at the University of Brussels and at the European Academy of Legal Theory,Brussels.