Conceptions and Misconceptions of Legislation
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
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A. Daniel Oliver-Lalana Editor
Conceptions and Misconceptions of Legislation
Legisprudence Library Studies on the Theory and Practice of Legislation Volume 5
Series Editors Luc J. Wintgens, University of Brussels and University of Leuven, Brussels, Belgium A. Daniel Oliver-Lalana, University of Zaragoza, Zaragoza, Spain Editorial Board Aulis Aarnio, University of Tampere, Tampere, Finland Robert Alexy, Kiel University, Kiel, Germany Manuel Atienza, University of Alicante, San Vicente del Raspeig, Spain Tom Campbell, Charles Sturt University, Sydney, Australia Paul J. Quirk, University of British Columbia, Vancouver, Canada Jan-R. Sieckmann, University of Erlangen-Nuremberg, Erlangen, Germany Michel Troper, Paris Nanterre University, Paris, France Jeremy Waldron, New York University, New York, USA
The objective of the Legisprudence Library is to publish excellent research on legislation and related areas (such as regulation and policy-making) from the standpoint of legal theory. This series’ title points to an emerging, comprehensive conception of lawmaking which focuses on the justification of laws and the overarching principles which should guide legislation and norm-giving altogether, with the rationality, the reasonableness and the quality of legislation being its major concerns. Taking on legal theory as its pivotal perspective, the series attempts to fill a significant gap in the field of legislative studies, where political science and sociological approaches remain dominant through date. Inasmuch as it fosters legal- theoretical research in lawmaking, it also contributes to widen the scope of standard jurisprudence, which has been up to recent times overwhelmingly centred on the judicial application and the interpretation of law, thereby underestimating the central role of lawmakers within the legal system. Contributions preferably address topics connected to legislation theory, including (but not limited to) legislative rationality, legislative technique, legistics, legislative effectiveness and social compliance of laws, legislative efficiency and lawmaking economics, evaluation, legislative and regulative impact assessment, regulation management, legislative implementation, public access to legislation, democratic legitimacy of legislation, codification, legislative reasoning and argumentation, science and expertise within lawmaking, legislative language, symbolic legislation, legal policy analysis, lawmaking and adjudication, or judicial review of legislation and legislative process. Comparative and system transcending approaches are encouraged. Purely dogmatic descriptions of positive law or legislative proceedings are not taken into consideration though connections with legislative and legal practice are welcomed. The series welcomes monographs and edited volumes. More information about this series at http://www.springer.com/series/11058
A. Daniel Oliver-Lalana Editor
Conceptions and Misconceptions of Legislation
Editor A. Daniel Oliver-Lalana Faculty of Law Universtiy of Zaragoza Zaragoza,
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