Exploring the Province of Legislation: Theoretical and Practical Perspectives in Legisprudence

·
· Legisprudence Library Book 9 · Springer Nature
Ebook
241
Pages
Ratings and reviews aren’t verified  Learn More

About this ebook

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.


About the author

Francesco Ferraro, Ph.D., is associate professor of legal philosophy at the “Cesare Beccaria” Department of the University of Milan and has the National Scientific Qualification as full professor. He has been visiting professor at the University of Girona. He has published books, articles, and chapters on Bentham’s thought, on utilitarianism and rights, on legislative rationality and justification, on “nudging”, and on the analysis of fundamental rights.

Silvia Zorzetto, Ph.D., is associate professor of legal philosophy at the “Cesare Beccaria” Department of the University of Milan and has the National Scientific Qualification as full professor. She has published books, articles and chapters on fundamental legal concepts, such as reasonableness, legal reasoning and language and the sources of law such as legal customs. Her main actual interests of investigation deal with nudging, economic analysis of law, and politics in legal method.


Rate this ebook

Tell us what you think.

Reading information

Smartphones and tablets
Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.
Laptops and computers
You can listen to audiobooks purchased on Google Play using your computer's web browser.
eReaders and other devices
To read on e-ink devices like Kobo eReaders, you'll need to download a file and transfer it to your device. Follow the detailed Help Center instructions to transfer the files to supported eReaders.