Mixed Legal Systems at New Frontiers
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Mixed Legal Systems at New Frontiers: (2 JCL Studies in Comparative Law)

Mixed Legal Systems at New Frontiers: (2 JCL Studies in Comparative Law)


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About the Book

The aim of this volume is to provide the reader with original views on and insight into mixed legal systems in general, and some mixed legal systems and ongoing mixes in particular. The hope is that the analyses to be found in the eleven contributions will be helpful for scholars, students and practitioners who have a general interest in comparative law and a special interest in mixed legal systems, and provide inspiration to pursue further inquiries. The contributions are a selection of papers presented at the 2007 Second World Congress of the World Society of Mixed Jurisdiction Jurists, ‘The Boundaries of Unity: Mixed Systems in Action’. As can be gleaned from the title of the Congress, the emphasis has shifted from the closed family of ‘mixed jurisdictions’ towards a wider embrace, considering ‘mixed systems’, in addition to the classical ‘mixed jurisdictions’. Following the introduction, the first two pieces inform the reader of the multiplicity of approaches to mixed legal systems and widen the horizon, offering expansion, though retaining exclusivity. Then follow chapters throwing new light on Commonwealth Caribbean, United States Novojo law, Turkey, South Africa, Sri Lanka, England and Ireland, the European Union, and Public International Law and International Trade Law; all showing that we are entering an era of legal studies involving looking at all legal systems anew.

Table of Contents:
Preface List of Contributors General Introduction: Mixed Legal Systems at New Frontiers Esin Örücü Two Rival Theories of Mixed Legal Systems Vernon Valentine Palmer What is a Mixed Legal System: Exclusion or Expansion? Esin Örücü Mixed Jurisdictions in the Commonwealth Caribbean: Mixing, Unmixing, Remixing Jane Mathews Glenn The Law of the Navajo Nation: A Three-Ingredient Mix of Consensual (Indigenous) and Adversary (Common Law) Systems Dale Beck Furnish Turkey’s Synthetic Legal System and Her Indigenous Socio-Culture(s) in a ‘Covert’ Mix Esin Örücü Customary Law v Common Law Marriages: A Hybrid Approach in South Africa Marissa Herbst and Willemien Du Plessis Mixing South African Common Law and Customary Law of Intestate Succession: ‘Potjiekos’ in the Making Christa Rauterbach Oriental and Occidental Laws in Harmony: The case of Trusts in Sri Lanka Anton Cooray ‘All this together make up our Common Law’: legal hybridity in England and Ireland, 1704-1804 Seán Patrick Donlan Mixed Jurisdictions: Lessons for European Harmonisation? Jan M Smits Beyond the Usual Suspects: Application of the Mixed Jurisdiction Methodology to Public International Law and International Trade law Colin B Picker

About the Author :
Esin Örücü is Professor Emerita of Comparative Law and Honorary Senior Research Fellow, School of law, University of Glasgow; Professor Emerita of Comparative Law, Erasmus University Rotterdam; and a Member of the International; Academy of Comparative Law. She has published extensively on Mixed Legal Systems, aspects of the Turkish legal system and comparative law methodology.


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Product Details
  • ISBN-13: 9780854900701
  • Publisher: Wildy, Simmonds and Hill Publishing
  • Publisher Imprint: Wildy, Simmonds and Hill Publishing
  • Height: 229 mm
  • No of Pages: 338
  • Returnable: N
  • Returnable: N
  • Returnable: N
  • Returnable: N
  • Spine Width: 17 mm
  • Width: 152 mm
  • ISBN-10: 0854900705
  • Publisher Date: 31 May 2010
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Returnable: Y
  • Returnable: Y
  • Returnable: Y
  • Series Title: 2 JCL Studies in Comparative Law
  • Weight: 635 gr


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