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Legisprudence Library

Conceptions and Misconceptions of Legislation

Editors: Oliver-Lalana, A. Daniel (Ed.)

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  • 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
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eBook $84.99
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  • ISBN 978-3-030-12068-9
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  • Immediate eBook download after purchase
Hardcover $149.99
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  • ISBN 978-3-030-12067-2
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  • Usually dispatched within 3 to 5 business days.
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.

 

About the authors

A. Daniel Oliver-Lalana, Dr. iur., LL.M. (Genova), is currently a Ramón y Cajal Fellow at the University of Zaragoza’s Law Faculty. His publications include Legitimidad a través dela comunicación (2011), Derecho y cultura de protección de datos (2012, with J.F. Muñoz),The Rationality and Justification of Legislation (2013, co-edited with L. Wintgens) and Rational lawmaking under review (2016, co-edited with K. Meßerschmidt).

Table of contents (13 chapters)

Table of contents (13 chapters)
  • Language and Rule of Law in Classical Athens

    Pages 3-22

    Zapatero Gómez, Virgilio

  • Misconceptions in Legislative Quality: An Enlightened Approach to the Drafting of Legislation

    Pages 23-49

    Xanthaki, Helen

  • Rationality in Criminal Law Making. Rational Decision Making in a Complex Socio-Legislative Process

    Pages 51-80

    Díez-Ripollés, José Luis

  • Legislation, Communication, and Authority. How to Account for the Bindingness of Law?

    Pages 81-106

    Klink, Bart

  • Legislation and Nudging. Towards a Suitable Definition

    Pages 107-129

    Zorzetto, Silvia (et al.)

Buy this book

eBook $84.99
price for USA in USD (gross)
  • ISBN 978-3-030-12068-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.99
price for USA in USD
  • ISBN 978-3-030-12067-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Conceptions and Misconceptions of Legislation
Editors
  • A. Daniel Oliver-Lalana
Series Title
Legisprudence Library
Series Volume
5
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-12068-9
DOI
10.1007/978-3-030-12068-9
Hardcover ISBN
978-3-030-12067-2
Series ISSN
2213-2813
Edition Number
1
Number of Pages
XVI, 335
Number of Illustrations
5 b/w illustrations, 1 illustrations in colour
Topics