Conceptions and Misconceptions of Legislation

Book Overview

Part I. Ways and models of legislation.- 1 The language of laws in classic Athens.- 2 Misconceptions on legislative quality: an enlightened approach to the drafting of legislation.- 3 Rationality in criminal legislation: rational decision-making in a complex socio-legislative process- 4 Legislation, communication, and authority. How to account for the bindingness of law?.- 5 Legislation and nudging.- 6 Back to regulatory law - 7 Freedom and legislation.- Part II. Legislation in a culture of justification.- 8 Legislation as balancing.- 9 Proportionality, lawmaking, and constitutional democracy.- 10 Legislation and argumentation: a model for the analysis of legislative reasoning.- 11 Legislative deliberation and judicial review.- 12 Special-interest legislation and legislative capture.- Part III. Legisprudence, lawyers, and society.- 13 Legisprudence in legal education and research.- 14 On the legislative gap in the study of law.- 15 Taking legislation seriously: sociological, socio-legal, and social policy arguments.

• Format: Paperback
• Language: English
• ISBN: 3030120708
• ISBN13: 9783030120702
• Release Date: August 2020
• Publisher: Springer
• Length: 335 Pages
• Weight: 1.09 lbs.
• Dimensions: 0.7" x 6.1" x 9.2"