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Author:   Luc J. Wintgens
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.453kg
ISBN:  

9781138264083

ISBN 10:   1138264083
Pages:   368
Publication Date:   15 November 2016
Audience:   College/higher education ,  General/trade ,  Tertiary & Higher Education ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents: Introduction, Luc J. Wintgens. Legisprudence: Theorectical Issues; Legisprudence as a new theory of legislation, Luc J. Wintgens; The quest for legisprudence: constitutionalism v. legalism, Imer B. Flores; The evolution of economic thinking about legislation and its interpretation by Courts, Richard A. Posner; Legal instrumentalism revisited, Koen Van Aeken; How rational is rational law making?, Wojciech Cyrul. Constitutionalism, Legalism and Democracy: Two models of democracy: how to make Demos and Hercules collaborate in public deliberation, Tatsuo Inoue; The paradox of democratic representation - on whether and how disagreement should be represented, Samantha Besson; On the decriptive and the prescriptive nature of the Constitution - constitutionalism and the legitmization of the constitution in the practice of its implementation, Pascale Policastro; The theory and practice of constitutional review in the civil law: the case of Belgium, Maurice Adams and Dirk Vanheule. Politics, Legistlation and Legitmacy: Legislating human rights, Tom Campbell; Legitimacy through rationality: parliamentary argumentation as rational justification of laws, A. Daniel Oliver-Lalana; The sources of legitimacy of political decisions: between procedure and substance, José Luis Marti Mármol. Practical Reason, Argumentation and Interpretation: Legislative deliberation: notes from the European Parliament, Neil MacCormick; Reasoning and legislation, Manuel Atienza; Evaluating references to the intention of the legislator, H. José Plug. Practical Issues: EC-law between social message and record of agreement. how the theory of legislation can contribute to understanding practical problems of negotiated legislation, Tito Gallas; The justificaiton and the optimization principle in international nuclear law: theory and practice, Ludo Veuchelen.

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Author Information

Luc J. Wintgens is from the European Academy of Legal Theory, Center of Legislation, Regulation and Legisprudence, University of Brussels, Belgium.

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