Chapter

What It Is to Legislate

Richard Ekins

in The Nature of Legislative Intent

Published in print October 2012 | ISBN: 9780199646999
Published online January 2013 | e-ISBN: 9780191741159 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199646999.003.0005

Series: Oxford Legal Philosophy

What It Is to Legislate

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This chapter outlines what it is to legislate well, which is to choose to change the law in some specific way for some good reasons. The way to understand how the well-formed legislature acts is to reflect on the many good reasons there are to authorize some person or body to change the law by deliberate action. The chapter goes on to consider how one person — a prince — would reason to legislate, arguing that legislating involves a complex mix of empirical, technical, and moral reasoning and culminates in reasoned (intentional) choice. It outlines in further detail the content and scope of the intention on which the sole legislator acts in legislating, before considering the relevance of compromise and integrity to the character of legislative reasoning and choice.

Keywords: legal change; legislative capacity; legislating; legislative reason; choice; integrity; compromise

Chapter.  10801 words. 

Subjects: Jurisprudence and Philosophy of Law

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