What is a 'rational framework' for legislation? Although legislation and regulation is the result of a political process, can they also be the object of theoretical study? This book tackles this question by examining the problems that are common to most European legal systems and the approach involves applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically, the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.
Author(s): Philippe Thion
Year: 2007
Language: English
Pages: 205
Contents......Page 6
Series Preface......Page 3
List of Contributors......Page 8
Introduction......Page 10
Part I: Theory of Legislation......Page 16
1. Legitimacy and Legitimation from the Legisprudential Perspective......Page 18
2. Lawmaking: Between Discourse and Legal Text......Page 58
3. The Rule of Law as the Law of Legislation......Page 70
Part II: Legislation, Rules and Norms......Page 90
4. Legislative Techniques......Page 92
5. Questioning Alternatives to Legal Regulation......Page 110
6. The Emergence of New Types of Norms......Page 132
7. A Peacekeeping Mission as a New Category of War? An Institutional Analysis......Page 149
Part III: Legislation and the Disciplines......Page 170
8. Grounding Behaviour in Law and Economics......Page 172
9. Legislation and Informatics......Page 185
10. Nulla Poena Sine Lege Parlamentaria? Democratic Legitimacy and European Penal Law......Page 200
