Exploring the Province of Legislation: Theoretical and Practical Perspectives in Legisprudence

Legisprudence considers various perspectives and relies on contributions from different disciplines. This book discusses theoretical abstraction and empirical observation of specific cases, demonstrating that legisprudence can offer criteria for assessing and improving the quality of real-world legislation. It also shows how lawmaking is an interesting and legitimate field of inquiry for legal theorists and philosophers of law.

Format: Paperback / softback
Length: 241 pages
Publication date: 14 January 2023
Publisher: Springer Nature Switzerland AG

Legisprudence is a multifaceted field that draws upon contributions from diverse disciplines. Rather than offering a comprehensive exploration of the various approaches to legisprudential studies, this book brings together lawyers and legal theorists from seven different countries. Its primary objective is to highlight two key aspects of the many disciplines involved. Firstly, it delves into theoretical abstraction, which often straddles the boundaries of philosophical speculation. Secondly, it examines empirical observation of specific cases, carefully situated in their spatial or historical context, or referring to particular legislative policies. By focusing on legislation as both a process and a product, the book aims to achieve twofold goals. On the one hand, it demonstrates that legisprudence can provide valuable criteria for assessing and improving the quality of real-world legislation. On the other hand, it showcases how lawmaking is an equally intriguing and legitimate field of inquiry for legal theorists and philosophers of law, who already possess valuable intellectual tools for conducting fruitful legisprudential inquiry.

The book is structured into two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. These accounts explore the theoretical foundations, principles, and methodologies employed in legisprudential analysis. They examine the role of law in shaping society, the relationship between law and other social institutions, and the dynamics of legal change. The second part presents contributions that focus on specific experiences of evaluations of legislative quality and contributions to the legislatures work on the part of the public. These contributions explore the ways in which citizens engage with legislative processes, the factors that influence their participation, and the impact of public opinion on lawmaking. They also examine particular legislative policies, methodologies in lawmaking, and the challenges associated with legislation as an instrument of governance.

In conclusion, this book offers a comprehensive and interdisciplinary perspective on legisprudential studies. By bringing together experts from different countries and disciplines, it provides a rich tapestry of insights and perspectives that contribute to our understanding of the role of law in society. It demonstrates that legisprudence is not merely a theoretical exercise but a practical and empirically grounded field that can offer valuable guidance for improving the quality of legislation and promoting democratic governance.

Weight: 391g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030872649
Edition number: 1st ed. 2022