Paper's abstract

Luc J. Wintgens, Légisprudence: Study for a new theory of legislation
Irrational theories of legislation may exist. There is no theory of rational legislation. The theory of rational legislation which is christened "légis-prudence" contributes to the rationalization of the process of legisla-tion by linking it to principles. This choice for a theory of principles, as well as their mutual relation, calls for an in depth argumentation, which tends to question the old positioning of case law, legal dogmatic, legal theory and philosophy et above all the relationships between these various fields. I this analysis were to bear fruit, légisprudence as a new theory of legislation could take root and contribute to a bettering not only of legislation as such but also of our way to envision it.

Key Words : legislation, rationalisation, principle, case law, theory
t. 49 : 2005, p. 251-273

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