Beschreibung:
Current legal theory is premised on the central role of the judge in contemporary legal systems. This book takes a different view on law and legislation and establishes 'legisprudence', by contrast to jurisprudence, as a legal theory of political law making. By shifting the attention to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory.
Series Editor's Preface, Introduction, 1 The Metaphysics of Legalism, 2 The Individual in Context, 3 Rationality in Context, 4 Freedom in Context, 5 Strong Legalism or the Absent Theory of Legislation, 6 Legitimacy and Legitimation - From Strong Legalism to Legisprudence, 7 From Proxy to Trading Off: The Principles of Legisprudence, 8 Legisprudence and the Duties of Power: A Legisprudential Assessment of Rational Legislation, References, Index