Download or read online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get book now. This site is like a library, Use search box in the widget to get ebook that you want.

Logic in the Theory and Practice of Lawmaking

Logic in the Theory and Practice of Lawmaking Author Michał Araszkiewicz
ISBN-10 9783319195759
Release 2015-10-05
Pages 556
Download Link Click Here

This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.



Legisprudence

Legisprudence Author Luc Wintgens
ISBN-10 1409419819
Release 2012
Pages 341
Download Link Click Here

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.



Rational Lawmaking under Review

Rational Lawmaking under Review Author Klaus Meßerschmidt
ISBN-10 9783319332178
Release 2016-07-26
Pages 412
Download Link Click Here

This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.



Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives Author James R. Maxeiner
ISBN-10 9781107198159
Release 2018-03-08
Pages 352
Download Link Click Here

Challenges the myths of common law's superiority over statute law using newly available historical sources and a comparative law analysis.



Symbolic Legislation Theory and Developments in Biolaw

Symbolic Legislation Theory and Developments in Biolaw Author Bart van Klink
ISBN-10 9783319333656
Release 2016-08-31
Pages 301
Download Link Click Here

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?



Elements of Legislation

Elements of Legislation Author Neil Duxbury
ISBN-10 9781107021877
Release 2012-11-01
Pages 249
Download Link Click Here

Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.



Human Law and Computer Law Comparative Perspectives

Human Law and Computer Law  Comparative Perspectives Author Mireille Hildebrandt
ISBN-10 9789400763142
Release 2013-05-23
Pages 202
Download Link Click Here

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow ‘beings’ compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of ‘code and law’ and the other develops from the domain of ‘law and literature’. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.



Unconstitutional Constitutional Amendments

Unconstitutional Constitutional Amendments Author Yaniv Roznai
ISBN-10 9780198768791
Release 2017-02-16
Pages 368
Download Link Click Here

Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism substantively to limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.



Due Process of Lawmaking

Due Process of Lawmaking Author Susan Rose-Ackerman
ISBN-10 9781316194744
Release 2015-01-22
Pages
Download Link Click Here

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.



Privacy in the 21st Century

Privacy in the 21st Century Author Alexandra Rengel
ISBN-10 9789004192195
Release 2013-10-04
Pages 280
Download Link Click Here

In Privacy in the 21st Century Alexandra Rengel offers an assessment of the International right to privacy within both a historical and modern context with a focus on the legal aspects of the right, its evolution and its future protection.



European Citizenship in the Process of Construction

European Citizenship  in the Process of Construction Author Ditta Dolejšiová
ISBN-10 9287164789
Release 2009
Pages 230
Download Link Click Here

European citizenship is still a contested concept, bringing together two notions and therefore two different debates: one around Europe and European identity, And The other related to citizenship and non-citizenship. Europe, In an ongoing process of construction, should be shaped and defined by its citizens. Young people in particular have a special interest in and concern about what kind of Europe they want to live in. it is therefore important to reflect on how European citizenship and debates around European identity could help and empower young people to actively contribute to building Europe. The essays collected here address this issue. They present the debates and findings of the research seminar entitled "Young People and Active European Citizenship" organised by the Youth Partnership between the Council of Europe And The European Commission. European citizenship remains one of the main priorities of this partnership.



Fundamentals of Legal Argumentation

Fundamentals of Legal Argumentation Author Eveline T. Feteris
ISBN-10 9789402411294
Release 2017-08-08
Pages 361
Download Link Click Here

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.



The Responsibilities of Online Service Providers

The Responsibilities of Online Service Providers Author Mariarosaria Taddeo
ISBN-10 9783319478524
Release 2017-03-15
Pages 347
Download Link Click Here

This volume focuses on the responsibilities of online service providers (OSPs) in contemporary societies. It examines the complexity and global dimensions of the rapidly evolving and serious challenges posed by the exponential development of Internet services and resources. It looks at the major actors – such as Facebook, Google, Twitter, and Yahoo! – and their significant influence on the informational environment and users’ interactions within it, as well as the responsibilities and liabilities such influence entails. It discusses the position of OSPs as information gatekeepers and how they have gone from offering connecting and information-sharing services to paying members to providing open, free infrastructure and applications that facilitate digital expression and the communication of information. The book seeks consensus on the principles that should shape OSPs’ responsibilities and practices, taking into account business ethics and policies. Finally, it discusses the rights of users and international regulations that are in place or currently lacking.



Methodologies of Legal Research

Methodologies of Legal Research Author Mark Van Hoecke
ISBN-10 9781847317803
Release 2011-02-28
Pages 310
Download Link Click Here

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.



The Rationality and Justification of Legislation

The Rationality and Justification of Legislation Author Luc J. Wintgens
ISBN-10 9783319000626
Release 2013-06-26
Pages 186
Download Link Click Here

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.​



Constitutional Principles of Local Self government in Europe

Constitutional Principles of Local Self government in Europe Author Giovanni Boggero
ISBN-10 9789004347243
Release 2017
Pages
Download Link Click Here

Constitutional Principles of Local Self government in Europe has been writing in one form or another for most of life. You can find so many inspiration from Constitutional Principles of Local Self government in Europe also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Constitutional Principles of Local Self government in Europe book for free.



Towards a Rational Legislative Evaluation in Criminal Law

Towards a Rational Legislative Evaluation in Criminal Law Author Adán Nieto Martín
ISBN-10 9783319328959
Release 2016-08-27
Pages 384
Download Link Click Here

This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.