Conceptions and Misconceptions of Legislation

Conceptions and Misconceptions of Legislation
Title Conceptions and Misconceptions of Legislation PDF eBook
Author A. Daniel Oliver-Lalana
Publisher Springer
Pages 344
Release 2019-06-14
Genre Law
ISBN 3030120686

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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.

Towards a Rational Legislative Evaluation in Criminal Law

Towards a Rational Legislative Evaluation in Criminal Law
Title Towards a Rational Legislative Evaluation in Criminal Law PDF eBook
Author Adán Nieto Martín
Publisher Springer
Pages 386
Release 2016-08-27
Genre Law
ISBN 3319328956

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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.

Criminal Law-Making

Criminal Law-Making
Title Criminal Law-Making PDF eBook
Author José Becerra
Publisher Springer Nature
Pages 233
Release 2021-05-29
Genre Law
ISBN 3030713482

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This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.

The Alleged Transnational Criminal

The Alleged Transnational Criminal
Title The Alleged Transnational Criminal PDF eBook
Author Atkins
Publisher Martinus Nijhoff Publishers
Pages 471
Release 2023-08-28
Genre Law
ISBN 9004642684

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The virtual obliteration of national boundaries, accompanied by the effective shrinking of the world, has given rise to a dramatic increase in the number of transnational criminal cases and an evident increase in the sophistication of international criminals. This collection of essays, written by practitioners directly involved with the emerging issues, presents the reader with international crime developments. It offers a foundation for continued discussion in this emerging field, and should be of interest to all those practising in transnational and international law.

Law and the Semantic Web

Law and the Semantic Web
Title Law and the Semantic Web PDF eBook
Author V. Richard Benjamins
Publisher Springer
Pages 259
Release 2005-02-09
Genre Computers
ISBN 3540322531

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by Roberto Cencioni At the Lisbon Summit in March 2000, European heads of state and government set a new goal for the European Union — to become the most competitive knowled- based society in the world by 2010. As part of this objective, ICT (information and communication technologies) services should become available for every citizen, and for all schools, homes and businesses. The book you have in front of you is about Semantic Web technology and law. Law is something omnipresent; all citizens — at some points in their lives — have to deal with it. In addition, law involves a large group of professionals, and is a mul- billion business world wide. Information technology is important because it that can improve citizens’ interaction with law, as well as improve legal professionals’ work environment. Legal professionals dedicate a significant amount of their time to finding, reading, analyzing and synthesizing information in order to take decisions, and prepare advice and trials, among other tasks. As part of the “Semantic-Based Knowledge and Content Systems” Strategic Objective, the European Commission is funding projects to construct technology to make the Semantic Web vision come true. 1 The articles in this book are related to two current foci of the Strategic Objective : • Knowledge acquisition and modelling, capturing knowledge from raw information and multimedia content in webs and other distributed repositories to turn poorly structured information into machi- processable knowledge.

Bibliografía jurídica de América Latina, 1810-1965

Bibliografía jurídica de América Latina, 1810-1965
Title Bibliografía jurídica de América Latina, 1810-1965 PDF eBook
Author Alberto Villalón-Galdames
Publisher Editorial Jurídica de Chile
Pages 326
Release 1969
Genre Derecho
ISBN

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Annotated bibliography of material published from 1810 to 1965 on law, jurisprudence and commenting on legislation (incl. Labour legislation) in Latin America.

Comparative Multidisciplinary Perspectives on Omnibus Legislation

Comparative Multidisciplinary Perspectives on Omnibus Legislation
Title Comparative Multidisciplinary Perspectives on Omnibus Legislation PDF eBook
Author Ittai Bar-Siman-Tov
Publisher Springer Nature
Pages 333
Release 2021-05-27
Genre Law
ISBN 3030727483

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This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.