Current legal theory is premised on the central role of the judge in contemporary legal systems. This book takes a different view on law and legislation and establishes 'legisprudence', by contrast to jurisprudence, as a legal theory of political law making. By shifting the attention 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.
Current legal theory is premised on the central role of the judge in contemporary legal systems. This book takes a different view on law and legislation and establishes 'legisprudence', by contrast to jurisprudence, as a legal theory of political law making. By shifting the attention 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.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Luc J Wintgens (1959) is professor of law and jurisprudence at the University of Brussels (HUB-KUBrussels). He is master of laws from Yale University and from the Katholieke Universiteit Leuven, where he also obtained his doctorate in law in 1990. He is master of philosophy from the Katholieke Universiteit Leuven (1985) and from the Université Paris II (1984). He is the director of the Centre for Legislation, Regulation, and Legisprudence at the University of Brussels. His scientific work mainly focuses on the foundations of the theory of legislation or legisprudence, on which he published several articles in international journals. He is also the author of a number of books on positivism and he edited at three volumes on the theme of legisprudence : Legisprudence. A New Theoretical Approach to Legislation (Hart Publishing, 2002), The Theory and Practice of Legislation. Essays in Legisprudence (Ashgate, 2005), and Legislation in Context. Essays in Legisprudence (Ashgate, 2007).
Inhaltsangabe
Series Editor's Preface Introduction 1 The Metaphysics of Legalism 2 The Individual in Context 3 Rationality in Context 4 Freedom in Context 5 Strong Legalism or the Absent Theory of Legislation 6 Legitimacy and Legitimation - From Strong Legalism to Legisprudence 7 From Proxy to Trading Off: The Principles of Legisprudence 8 Legisprudence and the Duties of Power: A Legisprudential Assessment of Rational Legislation References Index
Series Editor's Preface Introduction 1 The Metaphysics of Legalism 2 The Individual in Context 3 Rationality in Context 4 Freedom in Context 5 Strong Legalism or the Absent Theory of Legislation 6 Legitimacy and Legitimation - From Strong Legalism to Legisprudence 7 From Proxy to Trading Off: The Principles of Legisprudence 8 Legisprudence and the Duties of Power: A Legisprudential Assessment of Rational Legislation References Index
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