By Philippe Thion
What's a 'rational framework' for laws? even though laws and rules is the results of a political approach, can in addition they be the item of theoretical learn? This publication tackles this query through analyzing the issues which are universal to so much eu criminal structures and the process comprises utilizing the instruments of felony thought to legislative difficulties ('legisprudence'). whereas conventional criminal thought bargains predominantly with the query of the appliance of legislation by way of a pass judgement on, legisprudence enlarges the scope of research to incorporate the construction of legislations by way of the legislator. The essays released within the quantity strengthen a brand new diversity of insights into the connection among legislative difficulties and felony concept in a fashion that might curiosity criminal students during the international. in particular, the paintings will allure the eye of these concerned with constitutional legislation, european legislation, human rights legislation and criminal conception.
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Extra resources for Legislation in Context: Essays in Legisprudence (Applied Legal Philosophy)
Example text
The sovereign’s right to take someone’s life outweighs what then looks as a glimpse of liberalism in Hobbes’ theory. Apart from the somewhat spurious right to resistance, the sovereign leaves the subject with no other rights than those conferred upon him. Things are different with Rousseau. His is also a proxy version of democracy in that subjects bind themselves to all others to submit to the rules that the sovereign will promulgate. They are bound by these rules in that they bind themselves. This is a proxy, since, from the moment of the social contract on, the legitimation chain turns out to be irreversible.
58 J. A. ), p. 254 ff. 59 Kant, Rechtslehre, p. ’ See also F. Ost and J. Lenoble, Droit, mythe et raison. Essai 57 Legitimacy and Legitimation 33 The black box metaphor aptly illuminates another aspect of the rules that emerge from political space. That is to say, sovereignty covers all of the operations of the ruler with perfect rationality. From this perspective, the rationality of the legislator as a premise of legal interpretation, is usefully supported by the concept of sovereignty. 60 Their operational force and their mutual strengthening much depends on their impenetrable character.
Locke, Two Treatises of Government, in The Works of John Locke, V (Aalen, 1963), second treatise, § 4-5, pp. 339-340. Legitimacy and Legitimation 29 contract consists is constrained by epistemological rather than normative reasons. Were the contract a pure act of will, the arguments would be of a normative nature. This foundation however falls apart under the weight of the factual premise concerning human nature. The subject has to act on the truth of the factual premise of the bad or corrupted human nature.