Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide PDF

Author: Vernon V. Palmer

Publisher: Cambridge University Press

Published: 2001-05-03

Total Pages: 520

ISBN-13: 9780521781541

DOWNLOAD EBOOK →

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.

Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide PDF

Author: Vernon Valentine Palmer

Publisher:

Published: 2012

Total Pages: 728

ISBN-13: 9781139513920

DOWNLOAD EBOOK →

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 PDF

Author: Vernon Valentine Palmer

Publisher: Cambridge University Press

Published: 2012-06-28

Total Pages: 727

ISBN-13: 1139510355

DOWNLOAD EBOOK →

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 Legal Systems, East and West

Mixed Legal Systems, East and West PDF

Author: Vernon Valentine Palmer

Publisher: Routledge

Published: 2016-07-22

Total Pages: 319

ISBN-13: 1317095383

DOWNLOAD EBOOK →

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 Compared

Mixed Jurisdictions Compared PDF

Author: Vernon V. Palmer

Publisher: Edinburgh Studies in Law

Published: 2009

Total Pages: 424

ISBN-13: 9780748638864

DOWNLOAD EBOOK →

This is a comparative study of the 'mixed jurisdictions' of Scotland and Louisiana.

Are mixed legal systems necessarily systems in transition, or can they achieve stability?

Are mixed legal systems necessarily systems in transition, or can they achieve stability? PDF

Author: Miriam Nabinger

Publisher: GRIN Verlag

Published: 2008-02-26

Total Pages: 22

ISBN-13: 3638011968

DOWNLOAD EBOOK →

Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72%, Stellenbosch Universitiy (University of Stellenbosch, South Africa - Department for Private Law), course: Comparative Private Law, language: English, abstract: This paper is aimed at presenting why, in the author’s opinion, mixed legal systems are not likely to be in a transitory stage in either the Civil or Common law direction and will not end up as one of the two “classical” legal ways. Rather, they will extend their borrowing and transplanting effort and strive for the “perfect rule” among the available rules in existing Civil law just as all Common law systems do if they do not in a specific area come up with a striking and creative new solution. This awards them a great potential to serve as a role-model when harmonization and unification of law is on the agenda or when the two classical eurocentric legal families have reached stagnation and need inspiration.

Through the Codes Darkly

Through the Codes Darkly PDF

Author: Vernon V. Palmer

Publisher: Lawbook Exchange, Limited

Published: 2012

Total Pages: 0

ISBN-13: 9781616193263

DOWNLOAD EBOOK →

A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862

Beyond the Usual Suspects

Beyond the Usual Suspects PDF

Author: Colin B. Picker

Publisher:

Published: 2009

Total Pages: 18

ISBN-13:

DOWNLOAD EBOOK →

This peer-reviewed Article applies the ever more sophisticated Mixed Jurisdiction scholarship to a comparative law analysis of international law. In so doing, the Article shows both that this emerging scholarship has vitality outside its traditional jurisdictions as well as provides useful analysis for those engaged in the study and development of international law.The rationale for this Article lies in a concern that international law has reached a turning point, perhaps even a crisis point. The growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands not previously experienced or considered upon international law. For the most part international law is unsure where to look for help in coping with these new stresses. In significant part this isolation can be attributed to a general view among international law scholars that international law is sui generis, and hence there is little to be gained from looking for ideas from national legal systems. In other words, there is a view that traditional comparative analysis will not help the development of international law. This Article seeks to rectify this problem by showing substantial congruence between international law and those national legal systems that can be classified as Mixed Jurisdictions.

A Study of Mixed Legal Systems: Endangered, Entrenched or Blended

A Study of Mixed Legal Systems: Endangered, Entrenched or Blended PDF

Author: Sue Farran

Publisher: Routledge

Published: 2016-03-16

Total Pages: 294

ISBN-13: 1317186486

DOWNLOAD EBOOK →

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.