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...

Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? Making the Law Explicit provides answers by means of a complex and detailed theory of literal meaning. It is a new legal method that is being introduced, assisting in the further development of...

Workplace privacy is not simply a theoretical legal issue but is a matter of basic human dignity. Employers in a number of countries reportedly, and, it appears, in increasing numbers, are deploying -human resource policies- which may or may not be illegal. In many cases they are not, at present unlawful, though they may reflect dubious management practices. These policies include drug testing of employees, surveillance of staff and their communications, attempts to censor the freedom of speech of employees, psychometric or personality testing, and requirements to provide intimate health...

The unifying idea behind the essays in this volume is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The focus is on problems that are common to most European legal systems, and the approach involves applying to legislative problems the tools of legal theory (hence -legisprudence-). Traditional legal theory deals predominantly with the question of the application of law by the judge. Legisprudence enlarges the field of study so as to include the creation of law by the legislator. Following...