Tommaso Edoardo Frosini

Legislation and Comparison

  • Abstract

Informations and abstract

Keywords: Statute; Legislation; Comparison; Globalization; Rules; Drafting; Better Regulation.

The essay considers the relationship between legislation and comparative activity, and its evolution since the era of juridical Enlightment - as "science of compared legislations" - until the contemporary juridical dinamics of globalization. Still globalization has not influenced the comparative method which is still identified by analogies and differences which mark and appraise the function of comparative law. Transformations of legislations concern the profile of quality of legislation, both through drafting and through analysys and evaluation of the impact of ruling. In particular, techniques connected to the attractive formula of "better regulation" seem to be too tied to economic logics and determined by an economic oriented interpretation, which risks to consider the law as a commercial good to insert in the "free market" of global juridical order.

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