| The task of this thesis, shortly speaking, is twofold: one is to clarify the ontological meaning of lawmaking, i.e. what is lawmaking? what is the difference between the concepts as lawmaking and legislating, law and legislation, etc; another is to construct methodological assessment criteria of ‘ideal’ lawmaking. In the later discussion, we will see that this topic is rarely explored in a theoretical way, nor is it studied in both its ontological and methodological aspects. Even the jurists who had already discussed the topic did not connect those two parts together: they either discussed the ontological aspect of the topic, as Friedrich Hayek or Jeremy Waldron did; or they only analyzed the methodological part, as Jeremy Bentham, H.L.A Hart or Luc J. Wintgens did. This thesis will connect both of the two aspects of the study on lawmaking... |
