The Policy Of Law: A Legal Theoretical Framework (European Academy Of Legal Theory Series)

Description

The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the 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. The space labeled as policy of law is today 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.

Author Biography

Mauro Zamboni is an Associate Professor in Jurisprudence at the School of Law, Stockholm University. He has been a visiting scholar at the European Academy of Legal Theory, Columbia University, Stanford Law School and Harvard Law School. He currently teaches Jurisprudence and Transnational Commercial Law.