1 Legisprudence iii (2007)

handle is hein.journals/legisp1 and id is 1 raw text is: EDITORS' PREFACE
Luc J Wintgens and Jaap Hage
Legisprudence has a short history, but a long tradition. Many philosophers, from
Plato and Aristotle on, have had their word on legislation. From Tacitus to
Montesquieu, complaints about legislative quality were heard. However, the legal
and political philosophy that guides current legal thinking has never embraced a
systematic, theoretical study of legislation,. The findings of legal theory are still,
to a large extent, premised on the central role of the judge in the legal system.
Although this approach may be applauded for having contributed to a more
dynamic attitude towards the law, the role of the legislator remains largely
Traditional legal theory takes the law as a given, and limits its
theoretical undertakings to law as it is. Law, so it is said, is the result of
political decision-making. Legislation as a matter of politics is not rational.
Politics is believed to be a power game, resulting in compromises that are framed
into a legislative or statutory structure. This power game seems to have its
own logic, the results of which outweigh, most of the time, any other form
of logic.
Legal theory for its part is considered, from the perspective of politics at
least, to be a theoretical approach to legal problems. It contributes to the
description and systematization of existing valid law. It shows up, like Minerva's
owl, after the sunset of legislative activity. From that perspective, there is not
much hope that legal theory can usefully intervene in the process of legislation
or regulation, that is, before or during the creation of rules.
Criticism of this view is triggered by the exponential growth of today's
legal systems. Complaints about both the increasing volume of legislation
and its decreasing quality in most European countries have raised the
question as to whether collaboration between legislators and legal theory can
help to articulate and solve that problem.
This new journal therefore considers legislation from a different angle.
The premises of the new approach are that, although legislation and regulation are
the results of a political process, they can be the object of theoretical study.
Legisprudence focuses on the creation of law, a subject that has been largely
underexposed until now. Its object of study is the rational creation of
legislation and regulation. As to its method, it makes use of the theoretical
insights and tools of current legal theory. Whereas the latter has been dealing
most of the time with problems of the application of law by the judge,
legisprudence explores the possibilities of the enlargement of the field of study
to include the creation of law by the legislator.
Existing journals for legislation (eg, Zeitschrift ffir Gesetzgebung
(Germany), Statute Law Review (UK) Leges (Switzerland), Regelmaat (the
Netherlands), Legislafao (Portugal), Iter Iuris (Italy), Tijdschrift voor Wetgeving

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?