Download federalism and legal unification a comparative empirical investigation of twenty systems 28 ius gentium comparative perspectives on law and justice in pdf or read federalism and legal unification a comparative empirical investigation of twenty systems 28 ius gentium comparative perspectives on law and justice in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get federalism and legal unification a comparative empirical investigation of twenty systems 28 ius gentium comparative perspectives on law and justice in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Federalism And Legal Unification

Author: Daniel Halberstam
Publisher: Springer Science & Business Media
ISBN: 9400773986
Size: 51.60 MB
Format: PDF, ePub, Mobi
View: 3212
Download and Read
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

Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1108195830
Size: 73.86 MB
Format: PDF, ePub, Docs
View: 7718
Download and Read
In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.