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Mixed Legal Systems at New Frontiers

Edited by: Esin Orucu

ISBN13: 9780854900701
Published: May 2010
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



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 he gleaned from the title of the Congress, the emphasis has shifted from the closed family of 'mixedjurisdictions' 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

Subjects:
Comparative Law, Other Jurisdictions , Wildy, Simmonds and Hill
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

Series: JCL Studies in Comparative Law

Comparative Legal Studies 1750-1835: Approaches to Conceptulization in 2 Volumes ISBN 9780854902729
Published April 2019
Wildy, Simmonds and Hill Publishing
Out of print
Comparative Legal Reasoning: Essays in Honour of Geoffrey Samuel
Edited by: Simone Glanert
ISBN 9780854902484
Published April 2018
Wildy, Simmonds and Hill Publishing
Out of print
Chinese Conflicts of Law: A Restatement and Legisprudence Proposal ISBN 9780854902477
Published February 2018
Wildy, Simmonds and Hill Publishing
Out of print
Turkey and the International Law of the Sea ISBN 9780854902392
Published November 2017
Wildy, Simmonds and Hill Publishing
£95.00
Interdisciplinary Study and Comparative Law ISBN 9780854902101
Published September 2016
Wildy, Simmonds and Hill Publishing
Out of print
Reflections on the Supreme Court of Ghana ISBN 9780854901562
Published June 2015
Wildy, Simmonds and Hill Publishing
£70.00
The Interaction of Legal Systems: Post-Soviet Approaches ISBN 9780854901616
Published April 2015
Wildy, Simmonds and Hill Publishing
Out of print
Natural Law and Comparative Law ISBN 9780854901548
Published January 2015
Wildy, Simmonds and Hill Publishing
£95.00
The Legal Regime of Chinese Overseas Investment ISBN 9780854901531
Published December 2014
Wildy, Simmonds and Hill Publishing
Out of print
The 1980 Hague Abduction Convention: Comparative Aspects
Edited by: Robert Rains
ISBN 9780854901517
Published November 2014
Wildy, Simmonds and Hill Publishing
Out of print
Teaching Legal History: Comparative Perspectives ISBN 9780854901456
Published May 2014
Wildy, Simmonds and Hill Publishing
£95.00
Pasolini's Italian Premonitions: Same-Sex Unions and the Law in Comparative Perspective ISBN 9780854901357
Published May 2014
Wildy, Simmonds and Hill Publishing
Out of print
A Court in the City: Civil and Commercial Litigation in London at the Beginning of the 21st Century ISBN 9780854901319
Published October 2013
Wildy, Simmonds and Hill Publishing
£95.00
Using Legal Culture
Edited by: David Nelken
ISBN 9780854901180
Published September 2012
Wildy, Simmonds and Hill Publishing
Out of print
Global Wrongs and Private Law Remedies and Procedures ISBN 9780854900916
Published September 2011
Wildy, Simmonds and Hill Publishing
Out of print
Foundations of Comparative Law: Methods and Typologies ISBN 9780854900923
Published April 2011
Wildy, Simmonds and Hill Publishing
Out of print
Building the Civilization of Arbitration ISBN 9780854900688
Published April 2010
Wildy, Simmonds and Hill Publishing
Out of print
Constitutional Courts: A Comparative Study ISBN 9780854900633
Published November 2009
Wildy, Simmonds and Hill Publishing
Out of print