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Conceptions and Misconceptions of Legislation

2019-06-14 Law
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Release : 2019-06-14
Genre : Law
Kind : eBook
Book Rating : 686/5 ( reviews)

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Book Synopsis Conceptions and Misconceptions of Legislation by : A. Daniel Oliver-Lalana

Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana. This book was released on 2019-06-14. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Debating Laws

2024-02-02 Law
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Release : 2024-02-02
Genre : Law
Kind : eBook
Book Rating : 272/5 ( reviews)

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Book Synopsis Debating Laws by : A. Daniel Oliver-Lalana

Download or read book Debating Laws written by A. Daniel Oliver-Lalana. This book was released on 2024-02-02. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.

Interpretivism and the Limits of Law

2022-12-08 Law
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Release : 2022-12-08
Genre : Law
Kind : eBook
Book Rating : 328/5 ( reviews)

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Book Synopsis Interpretivism and the Limits of Law by : Tomasz Gizbert-Studnick

Download or read book Interpretivism and the Limits of Law written by Tomasz Gizbert-Studnick. This book was released on 2022-12-08. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.

The Impact of Plain Language on Legal English in the United Kingdom

2022-08-23 Language Arts & Disciplines
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Release : 2022-08-23
Genre : Language Arts & Disciplines
Kind : eBook
Book Rating : 484/5 ( reviews)

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Book Synopsis The Impact of Plain Language on Legal English in the United Kingdom by : Christopher Williams

Download or read book The Impact of Plain Language on Legal English in the United Kingdom written by Christopher Williams. This book was released on 2022-08-23. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers insights into the ways in which plain language has influenced the language of the law in the United Kingdom, critically reflecting on its historical development and future directions. The book opens with an overview of the theoretical frameworks underpinning plain language and a brief history of plain language initiatives as a foundation from which to outline ongoing debates on the opportunities and challenges of using plain language in the legal domain. The volume details strands where plain language has had considerable impact thus far on legal English in the UK, notably in legislative drafting, but it also explores areas in which plain language has made fewer inroads, such as the language of court judgments and that of online terms and conditions. The book looks ahead to unpack highly topical areas within the plain language debate, including the question of design and visualisation and the ramifications of digitalisation, contributing to ongoing conversations on the importance of plain language both in the UK and beyond. This book will be of particular interest to students and scholars interested in the intersection of language and the law as well as related disciplinary areas such as applied linguistics and English for Specific Purposes.

Bentham on Democracy, Courts, and Codification

2022-09-01 Law
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Release : 2022-09-01
Genre : Law
Kind : eBook
Book Rating : 069/5 ( reviews)

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Book Synopsis Bentham on Democracy, Courts, and Codification by : Philip Schofield

Download or read book Bentham on Democracy, Courts, and Codification written by Philip Schofield. This book was released on 2022-09-01. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy.

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