The unifying idea behind the essays in this volume is that,although legislation and regulation ar... more The unifying idea behind the essays in this volume is that,although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The focus is 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’). Traditional legal theory deals predominantly with the question of the application of law by the judge. Legisprudence enlarges the field of study so as to include the creation of law by the legislator.
Following this new approach a variety of new questions and problems are raised, including the validity of norms, their meaning, and the structure of the legal system, problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory. However, by shifting the attention to the legislator, the same questions arise, though traditional legal science covers many of these questions with the cloak of sovereignty.
The original essays published in this volume 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 many legal scholars around the world.
Review:
It is unusual for issues relating to legislation to be dealt with in such a systematic manner and with such enlightened consciousness.a good reference, not only for scholars interested in legislative process and issues, but also for legislative drafters.
Yu Xingzhong, The Chinese University of Hong Kong
The Law and Politics Book Review
July 2003
The essays in this volume set out to provide a rational framework for legislation. Whilst legisla... more The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study.
It examines the problems that are common to most European legal systems by 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.
Contents: Series preface; Introduction, Luc J. Wintgens and Philippe Thion; Part I Theory of Legislation: Legitimacy and legitimation from the legisprudential perspective, Luc. J. Wintgens; Lawmaking: between discourse and legal text, Wojciech Cyrul; The rule of law as the law of legislation, Tatsuo Inoue. Part II Legislation, Rules and Norms: Legislative techniques, Peter Wahlgren; Questioning alternatives to legal regulation, Philippe Thion; The emergence of new types of norms, Pauline Westerman; A peacekeeping mission as a new category of war? An institutional analysis, Hanneke van Schooten. Part III Legislation and the Disciplines: Grounding behaviour in law and economics, Bruce Anderson and Philip McShane; Legislation and informatics, Marie-Francine Moens; Nulla poena sine lege Parliamentaria? Democratic legitimacy and European penal law, Linda Gröning.
About the Editor: Luc J. Wintgens is Director of the Centre for Legislation, Regulation and Legisprudence, and Dean of the Law Faculty at Katholieke Universiteit Brussels, Belgium.
Reviews: 'Legisprudence mainly focuses on pragmatic efforts aimed at improving the quality of legislation. The merit of this book is to highlight theoretical aspects and critical reflections. It furthers a deeper understanding of legislation and helps to develop legisprudence as a comprehensive approach to the legislative phenomenon.'
Luzius Mader, Swiss Graduate School of Public Administration, Switzerland.
'For too long now, the field of jurisprudence has focused almost exclusively on the judge, inadvertently creating the false impression that processes of interpretation are all that matter in the law. The authors of this volume show how rewarding it is to focus on legislation and on alternative forms of regulation to correct this imbalance; I have found many stimulating thoughts in its pages.'
Willem J. Witteveen, Tilburg University
Http Dx Doi Org 10 3790 Rth 41 2 199, Oct 12, 2011
Page 1. MODERN SCIENCE AS FREEDOM An Essay on the Mechanisation of the Worldview, Religion, and t... more Page 1. MODERN SCIENCE AS FREEDOM An Essay on the Mechanisation of the Worldview, Religion, and the Epistemologisation of Philosophy By Luc J. Wintgens, Brussels This article investigates some aspects of science ...
Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de t... more Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de théorie de la législation rationnelle. C¿ est une lacune que ce texte cherche à combler. La théorie de la législation ration-nelle qui est baptisée la «légisprudence» contribue à la ...
Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de t... more Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de théorie de la législation rationnelle. C¿ est une lacune que ce texte cherche à combler. La théorie de la législation ration-nelle qui est baptisée la «légisprudence» contribue à la ...
-" Law and Philosophy Library The Law in Philosophical Perspectives Edited by Luc J.... more -" Law and Philosophy Library The Law in Philosophical Perspectives Edited by Luc J. Wintgens Managing Editors: Francisco Laporte, Autonomous University of Madrid, Spain Aleksander Peczenik, University of Lund, Sweden Frederick Schauer, Harvard University, U.SA. ...
... Edited by LUC J. WINTGENS European Academy of Legal Theory, Center of Legislation, Regulation... more ... Edited by LUC J. WINTGENS European Academy of Legal Theory, Center of Legislation, Regulation and Legisprudence, University of Brussels (KU Brussel) Assistant Editors PHILIPPE THION and MELANIE CARLY ASHGATE ... Legislating Human Rights 219 Tom Campbell 11. ...
Información del artículo The Fragile Universality of Legalism: universality of validity and the c... more Información del artículo The Fragile Universality of Legalism: universality of validity and the contingency of law in Rousseau.
The unifying idea behind the essays in this volume is that,although legislation and regulation ar... more The unifying idea behind the essays in this volume is that,although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The focus is 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’). Traditional legal theory deals predominantly with the question of the application of law by the judge. Legisprudence enlarges the field of study so as to include the creation of law by the legislator.
Following this new approach a variety of new questions and problems are raised, including the validity of norms, their meaning, and the structure of the legal system, problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory. However, by shifting the attention to the legislator, the same questions arise, though traditional legal science covers many of these questions with the cloak of sovereignty.
The original essays published in this volume 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 many legal scholars around the world.
Review:
It is unusual for issues relating to legislation to be dealt with in such a systematic manner and with such enlightened consciousness.a good reference, not only for scholars interested in legislative process and issues, but also for legislative drafters.
Yu Xingzhong, The Chinese University of Hong Kong
The Law and Politics Book Review
July 2003
The essays in this volume set out to provide a rational framework for legislation. Whilst legisla... more The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study.
It examines the problems that are common to most European legal systems by 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.
Contents: Series preface; Introduction, Luc J. Wintgens and Philippe Thion; Part I Theory of Legislation: Legitimacy and legitimation from the legisprudential perspective, Luc. J. Wintgens; Lawmaking: between discourse and legal text, Wojciech Cyrul; The rule of law as the law of legislation, Tatsuo Inoue. Part II Legislation, Rules and Norms: Legislative techniques, Peter Wahlgren; Questioning alternatives to legal regulation, Philippe Thion; The emergence of new types of norms, Pauline Westerman; A peacekeeping mission as a new category of war? An institutional analysis, Hanneke van Schooten. Part III Legislation and the Disciplines: Grounding behaviour in law and economics, Bruce Anderson and Philip McShane; Legislation and informatics, Marie-Francine Moens; Nulla poena sine lege Parliamentaria? Democratic legitimacy and European penal law, Linda Gröning.
About the Editor: Luc J. Wintgens is Director of the Centre for Legislation, Regulation and Legisprudence, and Dean of the Law Faculty at Katholieke Universiteit Brussels, Belgium.
Reviews: 'Legisprudence mainly focuses on pragmatic efforts aimed at improving the quality of legislation. The merit of this book is to highlight theoretical aspects and critical reflections. It furthers a deeper understanding of legislation and helps to develop legisprudence as a comprehensive approach to the legislative phenomenon.'
Luzius Mader, Swiss Graduate School of Public Administration, Switzerland.
'For too long now, the field of jurisprudence has focused almost exclusively on the judge, inadvertently creating the false impression that processes of interpretation are all that matter in the law. The authors of this volume show how rewarding it is to focus on legislation and on alternative forms of regulation to correct this imbalance; I have found many stimulating thoughts in its pages.'
Willem J. Witteveen, Tilburg University
Http Dx Doi Org 10 3790 Rth 41 2 199, Oct 12, 2011
Page 1. MODERN SCIENCE AS FREEDOM An Essay on the Mechanisation of the Worldview, Religion, and t... more Page 1. MODERN SCIENCE AS FREEDOM An Essay on the Mechanisation of the Worldview, Religion, and the Epistemologisation of Philosophy By Luc J. Wintgens, Brussels This article investigates some aspects of science ...
Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de t... more Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de théorie de la législation rationnelle. C¿ est une lacune que ce texte cherche à combler. La théorie de la législation ration-nelle qui est baptisée la «légisprudence» contribue à la ...
Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de t... more Resumen: Il existe peut-être des théories irrationnelles de la législation. Il n¿ existe pas de théorie de la législation rationnelle. C¿ est une lacune que ce texte cherche à combler. La théorie de la législation ration-nelle qui est baptisée la «légisprudence» contribue à la ...
-" Law and Philosophy Library The Law in Philosophical Perspectives Edited by Luc J.... more -" Law and Philosophy Library The Law in Philosophical Perspectives Edited by Luc J. Wintgens Managing Editors: Francisco Laporte, Autonomous University of Madrid, Spain Aleksander Peczenik, University of Lund, Sweden Frederick Schauer, Harvard University, U.SA. ...
... Edited by LUC J. WINTGENS European Academy of Legal Theory, Center of Legislation, Regulation... more ... Edited by LUC J. WINTGENS European Academy of Legal Theory, Center of Legislation, Regulation and Legisprudence, University of Brussels (KU Brussel) Assistant Editors PHILIPPE THION and MELANIE CARLY ASHGATE ... Legislating Human Rights 219 Tom Campbell 11. ...
Información del artículo The Fragile Universality of Legalism: universality of validity and the c... more Información del artículo The Fragile Universality of Legalism: universality of validity and the contingency of law in Rousseau.
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Books by Luc Wintgens
Following this new approach a variety of new questions and problems are raised, including the validity of norms, their meaning, and the structure of the legal system, problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory. However, by shifting the attention to the legislator, the same questions arise, though traditional legal science covers many of these questions with the cloak of sovereignty.
The original essays published in this volume 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 many legal scholars around the world.
Review:
It is unusual for issues relating to legislation to be dealt with in such a systematic manner and with such enlightened consciousness.a good reference, not only for scholars interested in legislative process and issues, but also for legislative drafters.
Yu Xingzhong, The Chinese University of Hong Kong
The Law and Politics Book Review
July 2003
http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/wintgens-luc.htm
It examines the problems that are common to most European legal systems by 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.
Contents: Series preface; Introduction, Luc J. Wintgens and Philippe Thion; Part I Theory of Legislation: Legitimacy and legitimation from the legisprudential perspective, Luc. J. Wintgens; Lawmaking: between discourse and legal text, Wojciech Cyrul; The rule of law as the law of legislation, Tatsuo Inoue. Part II Legislation, Rules and Norms: Legislative techniques, Peter Wahlgren; Questioning alternatives to legal regulation, Philippe Thion; The emergence of new types of norms, Pauline Westerman; A peacekeeping mission as a new category of war? An institutional analysis, Hanneke van Schooten. Part III Legislation and the Disciplines: Grounding behaviour in law and economics, Bruce Anderson and Philip McShane; Legislation and informatics, Marie-Francine Moens; Nulla poena sine lege Parliamentaria? Democratic legitimacy and European penal law, Linda Gröning.
About the Editor: Luc J. Wintgens is Director of the Centre for Legislation, Regulation and Legisprudence, and Dean of the Law Faculty at Katholieke Universiteit Brussels, Belgium.
Reviews: 'Legisprudence mainly focuses on pragmatic efforts aimed at improving the quality of legislation. The merit of this book is to highlight theoretical aspects and critical reflections. It furthers a deeper understanding of legislation and helps to develop legisprudence as a comprehensive approach to the legislative phenomenon.'
Luzius Mader, Swiss Graduate School of Public Administration, Switzerland.
'For too long now, the field of jurisprudence has focused almost exclusively on the judge, inadvertently creating the false impression that processes of interpretation are all that matter in the law. The authors of this volume show how rewarding it is to focus on legislation and on alternative forms of regulation to correct this imbalance; I have found many stimulating thoughts in its pages.'
Willem J. Witteveen, Tilburg University
Papers by Luc Wintgens
Following this new approach a variety of new questions and problems are raised, including the validity of norms, their meaning, and the structure of the legal system, problems that are traditionally dealt with from the perspective of the judge or are taken for granted by classical legal theory. However, by shifting the attention to the legislator, the same questions arise, though traditional legal science covers many of these questions with the cloak of sovereignty.
The original essays published in this volume 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 many legal scholars around the world.
Review:
It is unusual for issues relating to legislation to be dealt with in such a systematic manner and with such enlightened consciousness.a good reference, not only for scholars interested in legislative process and issues, but also for legislative drafters.
Yu Xingzhong, The Chinese University of Hong Kong
The Law and Politics Book Review
July 2003
http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/wintgens-luc.htm
It examines the problems that are common to most European legal systems by 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.
Contents: Series preface; Introduction, Luc J. Wintgens and Philippe Thion; Part I Theory of Legislation: Legitimacy and legitimation from the legisprudential perspective, Luc. J. Wintgens; Lawmaking: between discourse and legal text, Wojciech Cyrul; The rule of law as the law of legislation, Tatsuo Inoue. Part II Legislation, Rules and Norms: Legislative techniques, Peter Wahlgren; Questioning alternatives to legal regulation, Philippe Thion; The emergence of new types of norms, Pauline Westerman; A peacekeeping mission as a new category of war? An institutional analysis, Hanneke van Schooten. Part III Legislation and the Disciplines: Grounding behaviour in law and economics, Bruce Anderson and Philip McShane; Legislation and informatics, Marie-Francine Moens; Nulla poena sine lege Parliamentaria? Democratic legitimacy and European penal law, Linda Gröning.
About the Editor: Luc J. Wintgens is Director of the Centre for Legislation, Regulation and Legisprudence, and Dean of the Law Faculty at Katholieke Universiteit Brussels, Belgium.
Reviews: 'Legisprudence mainly focuses on pragmatic efforts aimed at improving the quality of legislation. The merit of this book is to highlight theoretical aspects and critical reflections. It furthers a deeper understanding of legislation and helps to develop legisprudence as a comprehensive approach to the legislative phenomenon.'
Luzius Mader, Swiss Graduate School of Public Administration, Switzerland.
'For too long now, the field of jurisprudence has focused almost exclusively on the judge, inadvertently creating the false impression that processes of interpretation are all that matter in the law. The authors of this volume show how rewarding it is to focus on legislation and on alternative forms of regulation to correct this imbalance; I have found many stimulating thoughts in its pages.'
Willem J. Witteveen, Tilburg University