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International Projects
Legisprudence. Interdisciplinary Approach
(2005-7)
The ongoing intertwinement of legisprudence and
normative activity opens new perspectives on their interdisciplinary
study. Like in the former project Legislation, the Disciplines and
the Branches of Law (2004-2006) this project again focuses on the
theoretical issues in legislation (Legisprudence), Legisprudence and
the branches of law, Legisprudence and the disciplines, and
Legisprudence and special topics in the domain of
legislation.
?> IVR
Encyclopaedia of Jurisprudence, Legal Theory, and
Philosophy of Law (2004-
)
A lot of
international researchers are involved in this project that aims at
the elaboration of an encyclopaedia consultable through the
internet. The main objective with this is to present le-gal theory
as an independent discipline, different from both legal dogmatics
and philosophy. Legal research is often carried out through some
philosophical and theoretical presuppositions as regards
argumentation, interpretation and legitimacy. The knowledge of the
average re-searcher however is often fragmented or outdated. That is
why this encyclopaedia, on the one hand, tries to open up the legal
theoretical repertory, this possibly causing philosophical or
theoretical divergences of views. The legal researcher, on the other
hand, can give a better insight to the legal philosopher or legal
theorist as regards practical legal knowledge. The website can be
consulted under the following link (password
needed).
The
Transformation of Politics into Law (2004-7)
The CLRL is actively involved in the
research on the comparative and sociological aspects of legislative
law creation. The researchers working on this project are assigned
to Ukrainian, Belgian, Polish and Swedish universities or civil
services. The project aims at establishing how the new EU member
states apply legisprudence in the restructuring of their legal
sys-tems. This includes more than the study of the implementation of
European Union law into national law. Also questions concerning the
supposedly necessary character of regulative sanctions, the
consequences of the textual character of law and the adequate
formulation of legal rules are object of this research project. The
social entrenchment of law is of greatest importance since the
communist ideology belongs to the past while the social structure
has not been tailored yet to new forms of economic and social
interaction. The recent constitu-tional crisis in Ukraine, taking on
the relationship between law and politics in a different as-pect,
clearly shows indeed that democratic regulation is not evident at
all.
Legislation, the
Disciplines and the Branches of Law
(2004-2006)
This
research project discusses to what extent act theory, semiotics,
logic, sociological and economic analysis of law can contribute to
the elaboration and production of legislation. Al-though these
disciplines deal with law all separately, the question arises
whether they can be integrated into one independent disciplinary
matrix. The project includes research on several fields of law, such
as constitutional law, penal law, European Union law and corporate
law. This project also investigates how the assumed regulatory
objectives and effects can be as-sessed and to what extent, from a
practical point of view, the conduct of those who have to either
enforce or apply the legal rules is taken into account (compliance
management).
Theory and Practice
of Legislation (1999-2003)
The increasing internationalisation of
legal regulation calls for a comprehensive analysis of the
underlying regulatory theories. The rational character of legal
regulation underpins why these theories have to be elucidated and
evaluated. Contemporary legal systems are indeed characterised by
excessive normative density, affecting legal and legislative
security. That is why this project brings into focus the relevant
theoretical aspects of regulation, constitutional-ism and democracy.
Especially the legitimacy of law as product of the political power
strug-gle has to be kept in mind. Finally, some practical issues
concerning legislation are dealt
with.
Rationality and Legislation.
Legal Theory from a Legisprudential Perspective
(1996-1998)
Contemporary continental legal theory is
to a large extent contributory to the work of some Scandinavian and
Dutch authors. A first Benelux-Scandinavian symposium has thus been
organised at the University of Antwerp in 1983. This brought into
being a new network of legal theorists, all working on the
elaboration of a valuable alternative for classical legal
dog-matics. This same platform took the initiative in 1996 to draw
up a status quaestionis as re-gards legal theoretical research
(history, epistemology, sociology, heuristics, computer sci-ences
and so on). These results were brought together and were critically
evaluated. A further definition and demarcation of the theory of
legislation has been based on these results and new research
questions have since then been
articulated.
My Philosophy of Law
(1995-1999)
In the
starting up phase of the CLRL, an international research project was
set up in which the most important contemporary legal theorists were
asked to present their own work in a com-mon publication. The book
gives a good survey of how the persons in question consider legal
philosophy and legal theory, which questions challenged their minds
and which persons ex-erted a strong influence on them. The results
of this project are addressed to young research-ers in the field of
law and other social sciences. Concerted action made it indeed
possible to discuss the most important issues within current legal
theory. What is more, the fact that the most prominent legal
theorists present their own work and provide a comprehensive
bibliog-raphy on which their work is mainly found, makes this book
highly original.
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