The Theory And Practice Of Legislation


The Theory And Practice Of Legislation
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The Theory And Practice Of Legislation


The Theory And Practice Of Legislation
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Author : Luc J. Wintgens
language : en
Publisher: Routledge
Release Date : 2017-03-02

The Theory And Practice Of Legislation written by Luc J. Wintgens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.


This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.



The Theory And Practice Of Legislation


The Theory And Practice Of Legislation
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Author : Luc Wintgens
language : en
Publisher: Gower Publishing, Ltd.
Release Date : 2005

The Theory And Practice Of Legislation written by Luc Wintgens and has been published by Gower Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.



Theory And Practice Of Legislation


Theory And Practice Of Legislation
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Author : Luc J. Wintgens
language : en
Publisher:
Release Date : 2005

Theory And Practice Of Legislation written by Luc J. Wintgens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Electronic book categories.




The Theory And Practice Of Private International Law


The Theory And Practice Of Private International Law
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Author : Ludwig von Bar
language : en
Publisher:
Release Date : 1892

The Theory And Practice Of Private International Law written by Ludwig von Bar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Conflict of laws categories.




Logic In The Theory And Practice Of Lawmaking


Logic In The Theory And Practice Of Lawmaking
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Author : Michał Araszkiewicz
language : en
Publisher: Springer
Release Date : 2015-10-05

Logic In The Theory And Practice Of Lawmaking written by Michał Araszkiewicz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-05 with Law categories.


This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.



Legisprudence


Legisprudence
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Author : Luc J. Wintgens
language : en
Publisher: Routledge
Release Date : 2016-04-22

Legisprudence written by Luc J. Wintgens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.


This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.



Theory And Practice Of Harmonisation


Theory And Practice Of Harmonisation
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Author : Mads Andenas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012

Theory And Practice Of Harmonisation written by Mads Andenas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.



Practice And Theory In Comparative Law


Practice And Theory In Comparative Law
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Author : Maurice Adams
language : en
Publisher: Cambridge University Press
Release Date : 2012-07-05

Practice And Theory In Comparative Law written by Maurice Adams and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-05 with Law categories.


What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.



Some Phases Of The Theory And Practice Of Judicial Review Of Legislation In Foreign Countries


Some Phases Of The Theory And Practice Of Judicial Review Of Legislation In Foreign Countries
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Author :
language : en
Publisher:
Release Date : 1930

Some Phases Of The Theory And Practice Of Judicial Review Of Legislation In Foreign Countries written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1930 with Courts categories.




The Theory And Practice Of Private International Law


The Theory And Practice Of Private International Law
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Author : Ludwig von Bar
language : en
Publisher:
Release Date : 2006

The Theory And Practice Of Private International Law written by Ludwig von Bar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Conflict of laws categories.