Editors:
- Includes a thorough analysis of legislative rationality
- Gives a comprehensive overview of theoretical and applied research in legisprudence
- Provides a rare combination of legislation theory with related areas such as political philosophy, democratic constitutionalism and constitutional theory?
- Includes supplementary material: sn.pub/extras
Part of the book series: Legisprudence Library (LEGIS, volume 1)
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Table of contents (8 chapters)
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Front Matter
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Back Matter
About this book
The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.
Keywords
- Bounded Rationality and Legisprudence
- Constitutionalism and the Regulatory State
- Disagreement and Proceduralism in Legisprudence
- Legislation as Implementation of Constitutional Law
- Legisprudence in the Asian Context
- Principled Regulatory Strategy
- Rational Lawmaking and Legislative Reasoning
- Rationality and Justification of Legislation
- Rationality of Legal Principles in the Creation of Law
- Tests of Justifiability of Legislative Actions
- The Rational Legislator
Editors and Affiliations
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Professor of Law and Jurisprudence, University Brussels/University Leuven, Brussels/Leuven, Belgium
Luc J. Wintgens
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, Department of Law, University of La Rioja, Logroño, Spain
A. Daniel Oliver-Lalana
Bibliographic Information
Book Title: The Rationality and Justification of Legislation
Book Subtitle: Essays in Legisprudence
Editors: Luc J. Wintgens, A. Daniel Oliver-Lalana
Series Title: Legisprudence Library
DOI: https://doi.org/10.1007/978-3-319-00062-6
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2013
Hardcover ISBN: 978-3-319-00061-9Published: 08 July 2013
Softcover ISBN: 978-3-319-03308-2Published: 10 July 2015
eBook ISBN: 978-3-319-00062-6Published: 26 June 2013
Series ISSN: 2213-2813
Series E-ISSN: 2213-2856
Edition Number: 1
Number of Pages: XIII, 186
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Political Science, Fundamentals of Law, Political Philosophy