Legisprudence-A New Theoretical Approach to Legislation Luc J.Wintgens(ed)

Hart Publishing 2002

“Legisprudence,” which includes the study of the relationship between theories of the legislative process, and theories and techniques of statutory interpretation.


Chapter 1. Rationality in Legislation—Legal Theory as Legisprudence: An Introduction
Chapter 2. Legislation as an Object of Study of Legal Theory: Legisprudence
Chapter 3. Making Society through Legislation
Chapter 4. Rationality of Legislation in a Sociological View
Chapter 5. Legislative Inflation and the Quality of Law
Chapter 6. Predictable Rules and Flexible Principles—The Problem of Ideological Pluralism and Legitimacy
Chapter 7. Concept and Institution of the State in the European Legal Tradition
Chapter 8. Legislation Between Politics and Law
Chapter 9. Legisprudence and European Law: In Search of the Principles of European Legislation
Chapter 10. Rationality in Legislation by Employing Informatics?
Chapter 11. The Forum Model in Evaluation of Legislation


Legislation, it is said, is a matter of politics, and politics is not rational. Politics is a power game, which results in compromises framed into a legislative or statutory structure. This power game seems to have its own logic and, most of the time, the results outweigh any other form of logic. Legal theory, on the other hand, is considered, at least from the perspective of politics, to be a theoretical approach to legal problems. It contributes to the description and systematisation of existing valid law. It appears, like Minerva`s owl, after the sun goes down on legislative activity.

Categories: General

Tagged as: , ,