The Context of Legislating provides a much-needed examination of how the rules, resources, and political conditions within and surrounding different institutions raise or lower the costs of legislating. Using data tracking over 1,100 legislators, 230 committees and 12,000 bills introduced in ten state lower chambers, Shannon Jenkins examines how political conditions and institutional rules and resources shape the arc of the legislative process by raising the costs of some types of legislative activity and lowering the costs of others. Jenkins traces these important contextual effects across the legislative process, examining bill introduction, committee processing and floor passage of bills in these legislatures. The analysis reveals that institutional variables shape the legislative process on their own, but they also have important interactive effects that shape the behavior of actors in these chambers. After tracing these effects across the legislative process, the book concludes by examining the practical implications of these analytical findings. How can the rules of institutions be designed to create effective legislatures? And what do these findings mean for those who seek to shape the policies produced by these institutions? Understanding of how the context of legislating shapes the outputs of legislatures is a critical element of understanding legislatures that has been sorely missing. An original and timely resource for scholars and students researching state legislatures and state politics.

The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study. It examines the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.

The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

The Context of Legislating provides a much-needed examination of how the rules, resources, and political conditions within and surrounding different institutions raise or lower the costs of legislating. Using data tracking over 1,100 legislators, 230 committees and 12,000 bills introduced in ten state lower chambers, Shannon Jenkins examines how political conditions and institutional rules and resources shape the arc of the legislative process by raising the costs of some types of legislative activity and lowering the costs of others. Jenkins traces these important contextual effects across the legislative process, examining bill introduction, committee processing and floor passage of bills in these legislatures. The analysis reveals that institutional variables shape the legislative process on their own, but they also have important interactive effects that shape the behavior of actors in these chambers. After tracing these effects across the legislative process, the book concludes by examining the practical implications of these analytical findings. How can the rules of institutions be designed to create effective legislatures? And what do these findings mean for those who seek to shape the policies produced by these institutions? Understanding of how the context of legislating shapes the outputs of legislatures is a critical element of understanding legislatures that has been sorely missing. An original and timely resource for scholars and students researching state legislatures and state politics.

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.

'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.