Coverart for item
The Resource Conceptions and Misconceptions of Legislation, edited by A. Daniel Oliver-Lalana, (electronic resource)

Conceptions and Misconceptions of Legislation, edited by A. Daniel Oliver-Lalana, (electronic resource)

Label
Conceptions and Misconceptions of Legislation
Title
Conceptions and Misconceptions of Legislation
Statement of responsibility
edited by A. Daniel Oliver-Lalana
Contributor
Editor
Subject
Language
eng
Summary
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.--
Member of
Assigning source
Provided by publisher
Image bit depth
0
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
Oliver-Lalana, A. Daniel
Series statement
  • Legisprudence Library, Studies on the Theory and Practice of Legislation,
  • Springer eBooks
  • Springer eBooks.
Series volume
5
http://library.link/vocab/subjectName
  • Legislative bodies
  • Constitutional law
Label
Conceptions and Misconceptions of Legislation, edited by A. Daniel Oliver-Lalana, (electronic resource)
Link
https://link-springer-com.ezproxy.eui.eu/book/10.1007/978-3-030-12068-9
Instantiates
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Part I. Ways and models of legislation -- 1 The language of laws in classic Athens -- 2 Misconceptions on legislative quality: an enlightened approach to the drafting of legislation -- 3 Rationality in criminal legislation: rational decision-making in a complex socio-legislative process- 4 Legislation, communication, and authority. How to account for the bindingness of law? -- 5 Legislation and nudging -- 6 Back to regulatory law - 7 Freedom and legislation -- Part II. Legislation in a culture of justification -- 8 Legislation as balancing -- 9 Proportionality, lawmaking, and constitutional democracy -- 10 Legislation and argumentation: a model for the analysis of legislative reasoning -- 11 Legislative deliberation and judicial review -- 12 Special-interest legislation and legislative capture -- Part III. Legisprudence, lawyers, and society -- 13 Legisprudence in legal education and research -- 14 On the legislative gap in the study of law -- 15 Taking legislation seriously: sociological, socio-legal, and social policy arguments
Control code
978-3-030-12068-9
Dimensions
unknown
Edition
1st ed. 2019.
Extent
1 online resource (XVI, 335 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783030120689
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
6 illustrations, 1 illustration in color.
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1104790295
Label
Conceptions and Misconceptions of Legislation, edited by A. Daniel Oliver-Lalana, (electronic resource)
Link
https://link-springer-com.ezproxy.eui.eu/book/10.1007/978-3-030-12068-9
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Part I. Ways and models of legislation -- 1 The language of laws in classic Athens -- 2 Misconceptions on legislative quality: an enlightened approach to the drafting of legislation -- 3 Rationality in criminal legislation: rational decision-making in a complex socio-legislative process- 4 Legislation, communication, and authority. How to account for the bindingness of law? -- 5 Legislation and nudging -- 6 Back to regulatory law - 7 Freedom and legislation -- Part II. Legislation in a culture of justification -- 8 Legislation as balancing -- 9 Proportionality, lawmaking, and constitutional democracy -- 10 Legislation and argumentation: a model for the analysis of legislative reasoning -- 11 Legislative deliberation and judicial review -- 12 Special-interest legislation and legislative capture -- Part III. Legisprudence, lawyers, and society -- 13 Legisprudence in legal education and research -- 14 On the legislative gap in the study of law -- 15 Taking legislation seriously: sociological, socio-legal, and social policy arguments
Control code
978-3-030-12068-9
Dimensions
unknown
Edition
1st ed. 2019.
Extent
1 online resource (XVI, 335 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783030120689
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
6 illustrations, 1 illustration in color.
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)1104790295

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