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Publications
L.J. Wintgens (ed), The Theory and Practice of
Legislation. Essays in Legisprudence, Aldershot, Ashgate, 2005,
352 p.
This
work provides a rational framework for legislation. The unifying
premise behind the essays is that, although legislation and
regulation are the result of a political process, legislation and
regulation can be the object of theoretical study. The volume
focuses 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'. Whereas traditional
legal theory deals predominantly with the application of law by
the judge, legisprudence enlarges the field of study so as to
include the creation of law by the legislator. The original essays
published in this collection 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 legal
scholars throughout the world.
Table of
contents
Luc J Wintgens ed),
Legisprudence. A New Theoretical Approach to Legislation, Oxford,
Hart Publishing, 2002, 160 p.
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.
Luc J. Wintgens (ed), The Law in
Philosophical Perspectives. My Philiosophy of Law, in Law and
Philosophy Series, nr. 41, Dordrecht, Kluwer Academic Publishers,
1999, 272 p.
In
the age of collections that is ours, many volumes of collections
are published. They contain contributions of several well known
authors, and their aim is to present a selective overview of a
relevant field of study. This book has the same purpose. Its aim
is to introduce students, scholars, and all those interested in
current problems of legal theory and legal philosophy to the work
of the leading scholars in this field. The large number of
publications, both articles and books, that have been produced
over the last decades makes it however quite difficult for those
who make their first steps in this domain to find firm guidelines.
The book is then new in its genre because of its method. The
choice was made not to reprint an example of the contributors'
earlier basic articles or a part of one of their books. This would
only give a partial view of the rich texture of their work.
Rather, the authors were asked to make an original synthesis of
their own contributions to the field of legal theory and legal
philosophy. Brought together in this volume, they constitute a
truly author-ised view on their work. This book is also new
in that each essay is complemented with bibliographical
information in order to encourage further research on the author's
work, as it was selected by himself. This will help the reader to
make quick progress in familiarising himself with the whole of the
published work of the contributors.
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