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" The art of legislating / "
Virgilio Zapatero Gómez.
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BL
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| Record Number
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862511
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| Uniform Title
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Arte de legislar.English
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| Main Entry
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Zapatero, Virgilio,1946-
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| Title & Author
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The art of legislating /\ Virgilio Zapatero Gómez.
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| Publication Statement
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Cham, Switzerland :: Springer,, 2019.
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| Series Statement
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Legisprudence library,; volume 6
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| Page. NO
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1 online resource (xiv, 228 pages)
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| ISBN
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303023388X
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: 9783030233884
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9783030233877
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Includes bibliographical references and index.
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| Contents
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Intro; Preface; References; Contents; About the Author; Chapter 1: Introduction: The Study of Legislation; References; Chapter 2: The Dignity of Laws; 2.1 The Doubts of Our Time; 2.2 Legitimacy Problems; 2.3 The Dispute Over Quality; 2.4 The Alleged Inflation; 2.5 The Dignity of Regulation; References; Chapter 3: Laws Under Suspicion; 3.1 Legislation and Public Interest; 3.2 Capturing the Legislator; 3.3 Public Choice and Its Premises; 3.4 Politics Without Romanticism; 3.5 A Few Exceptions; 3.6 In Search of Another Theory of Legislation; References; Chapter 4: The Design of Laws
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4.1 Laws and Reasons4.2 Laws to Solve Problems; 4.3 Identifying Objectives; 4.4 Various Solutions; 4.5 Evaluation of Options; 4.6 In Favor of a Legislative Policy Office; References; Chapter 5: Legislative Policy; 5.1 To Intervene or Not to Intervene; 5.2 The Market as a Regulatory Policy; 5.3 A Well-Equipped Toolbox; 5.4 Legislative Policy; References; Chapter 6: A Soft Law; 6.1 New Paths; 6.2 Companies to Develop Norms; 6.3 Self-Regulation; 6.4 Reinforced Self-Regulation; 6.5 Indirect Self-Regulation; References; Chapter 7: The Art of Regulating; 7.1 Reward and Punishment
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7.2 Information and Persuasion7.3 Incentive-Based Regulation; 7.4 Directive-Based Regulation; 7.5 Norms Requiring the Provision of Information; 7.6 Goal or Target Norms, Performance Norms, and Specification Norms; 7.7 Authorisations and Licences; 7.8 Commercialisation of Licences; References; Chapter 8: Models of Legislative Drafting; 8.1 The Protagonism of Governments; 8.2 The Continental European Drafting System; 8.3 The Anglo-Saxon System; 8.4 The U.S. Drafting System; 8.5 The Spanish System; 8.6 A Comparison Between Systems; References; Chapter 9: The Drafterś Tasks; 9.1 First Steps
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9.1.1 Goal-Setting9.1.2 Choossing the Appropriate Normative Tool; 9.1.3 Inserting the Norm in the Existing Framework; 9.1.4 First Sketch and Structure of the Text; 9.2 Drafting the Text; 9.2.1 Mastery of Language; 9.2.2 Problems Arisen from Ambiguity; 9.2.3 The Virtues of Vagueness; 9.2.4 Precision Versus Clarity; 9.2.5 Two Styles of Drafting: English and Continental-European; 9.2.6 Delegations; 9.3 The Critical Review of Drafts; References; Chapter 10: The Drafterś Deontology; 10.1 The Drafter and the Genesis of Norms; 10.2 Drafters and Jurists; 10.3 Materials for a Code of Conduct
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| Abstract
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Any contemporary state presents itself as committed to the "rule of law", and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws--a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of "good legislation" demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today's legal systems, particularly in view of the silent revolution that is transforming our legality-based "states of law" into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author's parliamentary and governmental experience; he was responsible for the Government of Spain's legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco's dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. --
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| Subject
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Jurisprudence.
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Law-- Philosophy.
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Legislation.
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Jurisprudence.
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Law-- Philosophy.
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Legislation.
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| Dewey Classification
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328
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| LC Classification
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K284
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| Added Entry
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Roche, Jorge Yetano
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