Federalism and Legal Unification
A Comparative Empirical Investigation of Twenty Systems
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Beschreibung
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world.
Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally.
The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law.
This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance.
Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world.
Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally.
The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law.
This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance.
Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
The first comprehensive study of federalism and legal unification Includes surprising findings that should make scholars rethink their abandonment of the civil/law common/law distinction in comparative law Endorsed by the International Academy of Comparative Law, the world's premier association for the study of comparative law?
Autor*in
Daniel Halberstam
Themen in »Federalism and Legal Unification«
Age of Federations Central Government Power Comparative Federalism Cooperation among the Member Units Coordinate Unification Empirical Studies of Federalism European Union and Federalism Federalism Defined Federalism and Legal Unification Legal Education and Legal Practice Levels of Legal Unification Modes of Legal Unification Top-Down Unification Unification of Law Unification through Non-State Actors