Legislation, Communication, and Authority. How to Account for the Bindingness of Law?

van Klink, B. (Speaker)

Activity: Lecture / PresentationAcademic

Description

In contemporary legislation theory, legislation is approached from roughly two different models: law as symbol vs. law as instrument. Each model offers its own specific perspective from which in concrete cases legislation can be described and evaluated. In the Law As Symbol (LAS) model legislation is seen as an ongoing communicative and interactive process in which various actors in society – the legislator, officials and citizens – work together on an equal level to create and implement legislation. In the law As Instrument (LAI) model legislation is conceived, on the other hand, as a command that is issued by the legislature, from a position above or outside society, in order to achieve a specific policy goal. In my lecture I explore, building on these two models, how we can account for the bindingness of law. How to explain or justify the general expectation that legal norms are, or have to be, respected?
Period23 Feb 2018
Held atUniversity of Zaragoza, Spain
Degree of RecognitionInternational