Legislation in Context: Essays in Legisprudence

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Legislation in Context: Essays in Legisprudence

Methods, theory and philosophy of law Law: Human rights and civil liberties Constitution

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Collection: Applied Legal Philosophy

Language: English

Published by: Routledge

Published on: 22nd April 2016

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781317105930


Introduction

The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study.

It examines the problems that are common to most European legal systems by 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.

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