Exploring the Province of Legislation

Francesco Ferraro, Ph.D., is associate professor of legal philosophy at the “Cesare Beccaria” Department of the University of Milan and has the National Scientific Qualification as full professor. He has been visiting professor at the University of Girona. He has published books, articles, and chapters on Bentham’s thought, on utilitarianism and rights, on legislative rationality and justification, on “nudging”, and on the analysis of fundamental rights. Silvia Zorzetto, Ph.D., is associate professor of legal philosophy at the “Cesare Beccaria” Department of the University of Milan and has the National Scientific Qualification as full professor. She has published books, articles and chapters on fundamental legal concepts, such as reasonableness, legal reasoning and language and the sources of law such as legal customs. Her main actual interests of investigation deal with nudging, economic analysis of law, and politics in legal method.

• Part I. Theoretical Problems in Legisprudence.- Constitutional Games: Rational Law-Making and Bargaining in Philadelphia.- A legal interpretation account of legislative power.- Do legislators and judges till the same field? On the structure and stock issues of legislative justification.- Political rationality and argumentative approach in lawmaking.- The troubling rationality of symbolic legislation.- Comprehensibility of the Legal Text. Towards a Situation-Oriented Approach.- Part II. Legisprudence in Action.- Legislation as process, phases, and dimensions: a methodological approach.- Measuring legislation as a tool for better laws. The example of the Portuguese Legislation Observatory.- New technologies and a social impact on legislation: towards the transparency of lawmaking.- Meeting on a bridge: The Selma March between Legislators and Courts.- Legislative architecture and nudges: complementary tools to increase legal order resilience?