Overview
- Discusses various theoretical accounts and models of legislation, as well as current approaches to the making of law(s)
- Covers important topics in legislation theory, with a focus on the justification and the societal impact of laws
- Explores the complexity of legislative argumentation and the role of legisprudence in the study of law
Part of the book series: Legisprudence Library (LEGIS, volume 5)
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Table of contents (13 chapters)
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Front Matter
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Ways and Models of Legislation
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Front Matter
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Legislation in a Culture of Justification
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Front Matter
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Legislation, Lawyers, and Citizens
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Front Matter
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Back Matter
Keywords
- Legislation theory
- Legisprudence
- Quality of legislation, legislative quality
- Legislative drafting
- Communicative and instrumental legislation
- Legislative argumentation
- Legislative balancing
- Effects and impact of legislation
- Nudging and architectural legislation
- Special-interest legislation and legislative capture
About this book
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Editors and Affiliations
About the editor
Bibliographic Information
Book Title: Conceptions and Misconceptions of Legislation
Editors: A. Daniel Oliver-Lalana
Series Title: Legisprudence Library
DOI: https://doi.org/10.1007/978-3-030-12068-9
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-12067-2Published: 28 June 2019
Softcover ISBN: 978-3-030-12070-2Published: 14 August 2020
eBook ISBN: 978-3-030-12068-9Published: 14 June 2019
Series ISSN: 2213-2813
Series E-ISSN: 2213-2856
Edition Number: 1
Number of Pages: XVI, 335
Number of Illustrations: 5 b/w illustrations, 1 illustrations in colour
Topics: Theories of Law, Philosophy of Law, Legal History, Legislative and Executive Politics, Constitutional Law