Policy of Law: A Legal Theoretical Framework

ISBN-13: 9781841137230 / Angielski / Twarda / 2007 / 222 str.

Mauro Zamboni

Opis

This book focuses on the relationship between law and politics - and more specifically, the transformation of politics into law - as perceived by the legal community. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves toward regions of interaction in which law and politics meet, termed the 'policy of law.' The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. Today, policy of law is mainly - but not exclusively - the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given - the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored.