The Theory And Practice Of Legislation

Author : Luc J. Wintgens
Publisher : Routledge
Page : 383 pages
File Size : 40,5 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351881265

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The Theory and Practice of Legislation by Luc J. Wintgens Pdf

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.

Author : Luc J. Wintgens
Publisher : Unknown
Page : 128 pages
File Size : 47,9 Mb
Release : 2005
Category : Electronic book
ISBN : OCLC:1066671867

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Theory and Practice of Legislation by Luc J. Wintgens Pdf

Author : Michał Araszkiewicz,Krzysztof Płeszka
Publisher : Springer
Page : 556 pages
File Size : 42,5 Mb
Release : 2015-10-05
Category : Law
ISBN : 9783319195759

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Logic in the Theory and Practice of Lawmaking by Michał Araszkiewicz,Krzysztof Płeszka Pdf

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.

Author : Ludwig von Bar
Publisher : Unknown
Page : 1222 pages
File Size : 43,9 Mb
Release : 1892
Category : Conflict of laws
ISBN : UOM:35112102627165

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The Theory and Practice of Private International Law by Ludwig von Bar Pdf

Author : Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publisher : Cambridge University Press
Page : 647 pages
File Size : 51,8 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316516898

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The Theory, Practice and Interpretation of Customary International Law by Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi Pdf

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Author : Luc J. Wintgens
Publisher : Routledge
Page : 350 pages
File Size : 43,6 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317105916

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Legisprudence by Luc J. Wintgens Pdf

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.

Author : Jeremy Bentham
Publisher : Forgotten Books
Page : 494 pages
File Size : 43,8 Mb
Release : 2018-03-21
Category : Social Science
ISBN : 0365209589

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Theory of Legislation (Classic Reprint) by Jeremy Bentham Pdf

Excerpt from Theory of Legislation Whatever may be thought of the Principle of Utility, when considered as the foundation of morals, no one now-a-days will undertake to deny that it is the only safe rule of legislation. To establish and illustrate this proposition, and to show how it ought to be, and might be carried into practice, was the aim and end of Bentham's life and writings. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Yong-Shik Lee
Publisher : Routledge
Page : 205 pages
File Size : 50,9 Mb
Release : 2018-10-03
Category : Business & Economics
ISBN : 9781351368087

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Law and Development by Yong-Shik Lee Pdf

The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."

Author : Jeremy Bentham
Publisher : Unknown
Page : 555 pages
File Size : 43,5 Mb
Release : 1931
Category : Civil law
ISBN : OCLC:1087859865

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The Theory of Legislation by Jeremy Bentham Pdf

Author : Maurice Adams,Jacco Bomhoff
Publisher : Cambridge University Press
Page : 353 pages
File Size : 53,9 Mb
Release : 2012-07-05
Category : Law
ISBN : 9781139536462

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Practice and Theory in Comparative Law by Maurice Adams,Jacco Bomhoff Pdf

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.

Author : Gerry Ferguson
Publisher : Unknown
Page : 128 pages
File Size : 44,7 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:981111616

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Global Corruption by Gerry Ferguson Pdf

Author : Francesco Ferraro,Silvia Zorzetto
Publisher : Springer Nature
Page : 243 pages
File Size : 43,7 Mb
Release : 2022-01-12
Category : Law
ISBN : 9783030872625

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Exploring the Province of Legislation by Francesco Ferraro,Silvia Zorzetto Pdf

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.

Author : Ludwig von Bar
Publisher : Unknown
Page : 1162 pages
File Size : 46,8 Mb
Release : 2006
Category : Conflict of laws
ISBN : 3936840598

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The Theory and Practice of Private International Law by Ludwig von Bar Pdf

Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Page : 48 pages
File Size : 48,9 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9781139457750

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Law in Times of Crisis by Oren Gross,Fionnuala Ní Aoláin Pdf

This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Author : International Association for Philosophy of Law and Social Philosophy. Canadian Section,Law Reform Commission of Canada,University of Ottawa,Canadian Institute for the Administration of Justice
Publisher : Edmonton, Alta. : Academic Printers & Publishing
Page : 408 pages
File Size : 45,5 Mb
Release : 1988
Category : Law
ISBN : UOM:39076000880893

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Legal Theory Meets Legal Practice by International Association for Philosophy of Law and Social Philosophy. Canadian Section,Law Reform Commission of Canada,University of Ottawa,Canadian Institute for the Administration of Justice Pdf