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Mixed Jurisdictions Compared


Mixed Jurisdictions Compared
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Mixed Jurisdictions Compared


Mixed Jurisdictions Compared
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Author : Vernon Palmer
language : en
Publisher: Edinburgh University Press
Release Date : 2009-10-15

Mixed Jurisdictions Compared written by Vernon Palmer and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-15 with Law categories.


Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of 'mixed jurisdictions' - legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.



Mixed Jurisdictions Worldwide


Mixed Jurisdictions Worldwide
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Author : Vernon V. Palmer
language : en
Publisher: Cambridge University Press
Release Date : 2001-05-03

Mixed Jurisdictions Worldwide written by Vernon V. Palmer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-03 with Law categories.


Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.



A Study Of Mixed Legal Systems Endangered Entrenched Or Blended


A Study Of Mixed Legal Systems Endangered Entrenched Or Blended
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Author : Sue Farran
language : en
Publisher: Routledge
Release Date : 2016-03-16

A Study Of Mixed Legal Systems Endangered Entrenched Or Blended written by Sue Farran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Law categories.


A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.



Mixed Legal Systems East And West


Mixed Legal Systems East And West
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Author : Vernon Valentine Palmer
language : en
Publisher: Routledge
Release Date : 2016-07-22

Mixed Legal Systems East And West written by Vernon Valentine Palmer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-22 with Law categories.


Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.



Mixed Jurisdictions Worldwide


Mixed Jurisdictions Worldwide
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Author : Vernon Valentine Palmer
language : en
Publisher:
Release Date : 2012

Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil law systems categories.


The leading text in the field, this indispensable guide to understanding the mixed jurisdictions is now fully updated and expanded.



Mixed Jurisdictions Worldwide


Mixed Jurisdictions Worldwide
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Author : Vernon Valentine Palmer
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28

Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.


This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.



Mixed Jurisdictions Of Civil And Customary Law


Mixed Jurisdictions Of Civil And Customary Law
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Author : Athaliah Molokomme
language : en
Publisher:
Release Date : 1986

Mixed Jurisdictions Of Civil And Customary Law written by Athaliah Molokomme and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with categories.




Trusts In Mixed Legal Systems


Trusts In Mixed Legal Systems
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Author : John Michael Milo
language : en
Publisher:
Release Date : 2001

Trusts In Mixed Legal Systems written by John Michael Milo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Comparative law categories.




Studies In Legal Systems Mixed And Mixing


Studies In Legal Systems Mixed And Mixing
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Author : Esin Orucu
language : en
Publisher: Springer
Release Date : 1996-02-13

Studies In Legal Systems Mixed And Mixing written by Esin Orucu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-13 with Business & Economics categories.


All legal systems are mixed: some more than others. There are covert mixtures and overt mixtures; stable mixtures and mixtures in transition. This book brings together a wide range of legal orders, some well known, some not so often studied. The analysis offered is far beyond a descriptive one, the general aim being to provide a basis for discussion by covering paths, methods and specific techniques, consequences and implications of legal migration. The newly emerging democracies of Eastern Europe, for example, are looking at the pool of models when re-designing their systems. Such systems in transition open up a whole new world of possibilities for research. The two final chapters on spectral jurisprudence and the conceptual search bring into focus and widen the analysis further.



The Impact Of French Tort Law On Mixed Jurisdictions


The Impact Of French Tort Law On Mixed Jurisdictions
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Author : Diana Bajada
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2011-10

The Impact Of French Tort Law On Mixed Jurisdictions written by Diana Bajada and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10 with Torts categories.


This book takes as a point of departure the virtually ad verbatim reproduction of the Napoleonic tort general clause which existed in the mixed jurisdictions of Québec, Louisiana and Malta as common law infiltrated their area of tort law. The choice of countries provides the varying degrees which a mixed jurisdiction might display, concluding indeed that the impact left by French tort law has been absolute in Québec, largely rejected in Louisiana, with Malta located in an intermediate position of continuing interaction between civil and common law. --