Titlebook: Conceptions and Misconceptions of Legislation; A. Daniel Oliver-Lalana Book 2019 Springer Nature Switzerland AG 2019 Legislation theory.Le

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Rationality in Criminal Law Making. Rational Decision Making in a Complex Socio-Legislative Process brings forward a revised version of a model first proposed by Atienza that allows us to identify five standards of rationality: ethical, teleological, pragmatic, systematic and linguistic, as well as a transversal dimension. All these components should get access in a differentiated way to the vari

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Legislation and Nudging. Towards a Suitable Definitiont the set of examples: such test will show that most of those elements must be done away with. Lastly, a “minimal” definition will be offered. While allowing us to distinguish nudging from other forms of conduct-influencing interventions, the minimal definition will exclude many features as its nece

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Proportionality in Lawmakingelections cannot be the only basis of legislative authority. Against this backdrop, the focus of this chapter is to explore the possibility of ., as characterized by Robert Alexy, .. Additionally, and in connection with the non-positivistic legal approach just mentioned, the second part of the essay

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Taking Modern Legislation Seriously: Agency Rights as a Special Challengeong them of jurists, in the functioning of these mechanisms, both as holders of agency rights, and as participating in the empowering of those who are expected to exercise their agency rights. It concludes arguing that legisprudence, by participating in the improvement of legislation guaranteeing th

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Language and Rule of Law in Classical Athensshed. As a matter of fact, the topic of legislative quality can be traced back long ago in the history of western (legal) culture and, most notably, to classical Athens. From 403 BC onwards, following the fall of the so-called Thirty Tyrants, a great codification was carried out which resulted in th

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