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Exploring the Province of Legislation

Theoretical and Practical Perspectives in Legisprudence

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  • © 2022

Overview

Editors:
  1. Francesco Ferraro

    1. Department of Legal Sciences “Cesare Beccaria”, University of Milan, Milan, Italy

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  2. Silvia Zorzetto

    1. Department of Legal Sciences “Cesare Beccaria”, University of Milan, Milan, Italy

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    You can also search for this editor in PubMed   Google Scholar

  • Develops original insights and opens new perspectives on the role, responsibilities and limitations of legislatures
  • Appeals to those interested in the more practical/empirical aspects of lawmaking and to legal philosophers and theorists
  • Brings together contributions on legisprudence by lawyers and legal theorists from eight different countries

Part of the book series: Legisprudence Library (LEGIS, volume 9)

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Table of contents (11 chapters)

  1. Front Matter

    Pages i-x
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  2. Introduction

    • Francesco Ferraro, Silvia Zorzetto
    Pages 1-6
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Keywords

About this book

Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry.

The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.




Editors and Affiliations

  • Department of Legal Sciences “Cesare Beccaria”, University of Milan, Milan, Italy

    Francesco Ferraro, Silvia Zorzetto

About the editors

Francesco Ferraro, Ph.D., is associate professor of legal philosophy at the “Cesare Beccaria” Department of the University of Milan and has the National Scientific Qualification as full professor. He has been visiting professor at the University of Girona. He has published books, articles, and chapters on Bentham’s thought, on utilitarianism and rights, on legislative rationality and justification, on “nudging”, and on the analysis of fundamental rights.

Silvia Zorzetto, Ph.D., is associate professor of legal philosophy at the “Cesare Beccaria” Department of the University of Milan and has the National Scientific Qualification as full professor. She has published books, articles and chapters on fundamental legal concepts, such as reasonableness, legal reasoning and language and the sources of law such as legal customs. Her main actual interests of investigation deal with nudging, economic analysis of law, and politics in legal method.





Bibliographic Information

  • Book Title: Exploring the Province of Legislation

  • Book Subtitle: Theoretical and Practical Perspectives in Legisprudence

  • Editors: Francesco Ferraro, Silvia Zorzetto

  • Series Title: Legisprudence Library

  • DOI: https://doi.org/10.1007/978-3-030-87262-5

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

  • Hardcover ISBN: 978-3-030-87261-8Published: 13 January 2022

  • Softcover ISBN: 978-3-030-87264-9Published: 14 January 2023

  • eBook ISBN: 978-3-030-87262-5Published: 12 January 2022

  • Series ISSN: 2213-2813

  • Series E-ISSN: 2213-2856

  • Edition Number: 1

  • Number of Pages: X, 241

  • Number of Illustrations: 7 b/w illustrations

  • Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Legislative and Executive Politics

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