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Social And Symbolic Effects Of Legislation Under The Rule Of Law
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Book Synopsis Social and Symbolic Effects of Legislation Under the Rule of Law by : Bartholomeus Maria Johannes Klink
Download or read book Social and Symbolic Effects of Legislation Under the Rule of Law written by Bartholomeus Maria Johannes Klink and published by . This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Symbolic Legislation Theory and Developments in Biolaw by : Bart van Klink
Download or read book Symbolic Legislation Theory and Developments in Biolaw written by Bart van Klink and published by Springer. This book was released on 2016-08-31 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?
Book Synopsis The Powers of Law by : Mauricio García-Villegas
Download or read book The Powers of Law written by Mauricio García-Villegas and published by Cambridge University Press. This book was released on 2018-05-03 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: García-Villegas compares the scholarship on the relationship between law, political power, and society in the United States and France.
Book Synopsis Conceptions and Misconceptions of Legislation by : A. Daniel Oliver-Lalana
Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Book Synopsis The Dynamics of Law and Morality by : Wibren van der Burg
Download or read book The Dynamics of Law and Morality written by Wibren van der Burg and published by Routledge. This book was released on 2016-03-23 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.
Book Synopsis The Generosity of the Dead by : Graciela Nowenstein
Download or read book The Generosity of the Dead written by Graciela Nowenstein and published by Routledge. This book was released on 2016-03-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a general assumption in the international debate surrounding organ procurement that Presumed Consent (opting-out) systems produce better results than Express Consent (opting-in) systems. This study uses the French case to challenge this widely held assumption and argues that the French presumed consent systems coexist with patterns of behaviour that in practice do not mobilize the law. It explores four key areas to current research in socio-legal studies focussing on the state and nature of social solidarity, social engineering and the changing nature of the citizen-state relations, state intervention in the event of death and discretion in use of corpses and recent modifications of the status of medical professionals as figures of authority and agents of state policy. Using material based on interviews with medical professionals, this title will be a valuable resource for researchers, academics, policy-makers and practitioners with an interest in this complex and topical subject.
Book Synopsis The Rationality and Justification of Legislation by : Luc J. Wintgens
Download or read book The Rationality and Justification of Legislation written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.
Book Synopsis Exploring the Province of Legislation by : Francesco Ferraro
Download or read book Exploring the Province of Legislation written by Francesco Ferraro and published by Springer Nature. This book was released on 2022-01-12 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Book Synopsis Proportionality, Balancing, and Rights by : Jan-R. Sieckmann
Download or read book Proportionality, Balancing, and Rights written by Jan-R. Sieckmann and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Book Synopsis Research Handbook on the Sociology of Law by : Jiří Přibáň
Download or read book Research Handbook on the Sociology of Law written by Jiří Přibáň and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
Book Synopsis Theologians and Contract Law by : Wim Decock
Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
Book Synopsis Law, Society and Community by : Richard Nobles
Download or read book Law, Society and Community written by Richard Nobles and published by Routledge. This book was released on 2016-04-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
Book Synopsis Swiss Public Administration by : Andreas Ladner
Download or read book Swiss Public Administration written by Andreas Ladner and published by Springer. This book was released on 2018-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
Book Synopsis Regulating Land and Pollution in China by : Benjamin van Rooij
Download or read book Regulating Land and Pollution in China written by Benjamin van Rooij and published by Amsterdam University Press. This book was released on 2006 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. Many of China's rivers and lakes are strongly polluted, the air in cities is amongst the worst in the world, while some have warned that if the country is not careful it may soon have insufficient arable land to feed its population. This book looks at why the protection of natural resources through stricter legislation and more stringent law enforcement has been so difficult. It does so through a combination of a local case with comparative and theoretical insights about lawmaking, compliance and enforcement. It offers a unique view on how law functions in the world's largest legal system, and how such law interacts with the social, economic and political circumstances at hand. This book offers an incomparable body of empirical and theoretical knowledge for those interested in how law functions in China, as well as those interested in the workings of regulatory lawmaking, compliance, and enforcement in a comparative perspective. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789087280130.
Book Synopsis Temporal Boundaries of Law and Politics by : Luigi Corrias
Download or read book Temporal Boundaries of Law and Politics written by Luigi Corrias and published by Routledge. This book was released on 2018-04-09 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.
Download or read book Legal Symbolism written by Jiří Přibáň and published by Routledge. This book was released on 2016-04-22 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Book Synopsis Sociological Jurisprudence by : Roger Cotterrell
Download or read book Sociological Jurisprudence written by Roger Cotterrell and published by Routledge. This book was released on 2017-12-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.
