The optimal scope of legal harmonization and the desirable patterns of lawmaking vary ac-cording to current legal, social and economic conditions. This essay considers the legal land-scape in Europe, characterized both by multijuralism and by the presence of a supranational entity. This dichotomy is important given the global trend toward increased legal harmoniza-tion and legal competition, which presents a marked departure for legal systems that for cen-turies have relied on a complex and unitary body of rules. The essay also considers the op-timal choice of legislative instruments given the problems of legal obsolescence and the complexity of the regulation environment.
Bargaining for Legal Harmonization: Jurisdictional Competition and Legal Obsolescence
CARBONARA, EMANUELA;PARISI, FRANCESCO
2008
Abstract
The optimal scope of legal harmonization and the desirable patterns of lawmaking vary ac-cording to current legal, social and economic conditions. This essay considers the legal land-scape in Europe, characterized both by multijuralism and by the presence of a supranational entity. This dichotomy is important given the global trend toward increased legal harmoniza-tion and legal competition, which presents a marked departure for legal systems that for cen-turies have relied on a complex and unitary body of rules. The essay also considers the op-timal choice of legislative instruments given the problems of legal obsolescence and the complexity of the regulation environment.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
