The Rationality and Justification of Legislation: Essays in Legisprudence (Legisprudence Library Book 1)

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.​ The Rational Legislator Revisited : Bounded Rationality And Legisprudence / Luc J. Wintgens -- The Principled Legislative Strategy : Rationality Of Legal Principles In The Creation Of Law? / Hannele Isola-miettinen -- Three Grounds For Tests Of The Justifiability Of Legislative Action : Freedom, Representative Democracy, And Rule Of Law / Andrej Kristan -- Legisprudence In The Korean Context : A Practical Approach Focusing On The Confucian Effects On Rationality / Cheoljoon Chang -- The Role Of Constitutionalism In Regulatory Governance / Pablo Larrañaga -- Legislation As Implementation Of Constitutional Law : A Foundation For The Demand Of Legislative Rationality / Jan Sieckmann -- Disagreement And Proceduralism In The Perspective Of Legisprudence / Woomin Shim -- Rational Lawmaking And Legislative Reasoning In Parliamentary Debates / A. Daniel Oliver-lalana. Luc J. Wintgens, A. Daniel Oliver-lalana, Editors. Includes Bibliographical References. Front Matter....Pages i-xiii The Rational Legislator Revisited. Bounded Rationality and Legisprudence....Pages 1-31 The Principled Legislative Strategy: Rationality of Legal Principles in the Creation of Law?....Pages 33-52 Three Grounds for Tests of the Justifiability of Legislative Action: Freedom, Representative Democracy, and Rule of Law....Pages 53-61 Legisprudence in the Korean Context: A Practical Approach Focusing on the Confucian Effects on Rationality....Pages 63-73 The Role of Constitutionalism in Regulatory Governance....Pages 75-105 Legislation as Implementation of Constitutional Law: A Foundation for the Demand of Legislative Rationality....Pages 107-123 Disagreement and Proceduralism in the Perspective of Legisprudence....Pages 125-133 Rational Lawmaking and Legislative Reasoning in Parliamentary Debates....Pages 135-184 Back Matter....Pages 185-186