Author: Vernon Valentine Palmer
Publisher: Cambridge University Press
ISBN: 1139510355
Category : Law
Languages : en
Pages : 727
Book Description
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 Worldwide
Author: Vernon Valentine Palmer
Publisher: Cambridge University Press
ISBN: 1139510355
Category : Law
Languages : en
Pages : 727
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1139510355
Category : Law
Languages : en
Pages : 727
Book Description
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 Compared
Author: Vernon Palmer
Publisher: Edinburgh University Press
ISBN: 0748642129
Category : Law
Languages : en
Pages : 456
Book Description
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.
Publisher: Edinburgh University Press
ISBN: 0748642129
Category : Law
Languages : en
Pages : 456
Book Description
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 Legal Systems, East and West
Author: Vernon Valentine Palmer
Publisher: Routledge
ISBN: 1317095383
Category : Law
Languages : en
Pages : 319
Book Description
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.
Publisher: Routledge
ISBN: 1317095383
Category : Law
Languages : en
Pages : 319
Book Description
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.
Through the Codes Darkly
Author: Vernon V. Palmer
Publisher: Lawbook Exchange, Limited
ISBN: 9781616193263
Category : Law
Languages : en
Pages : 0
Book Description
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
Publisher: Lawbook Exchange, Limited
ISBN: 9781616193263
Category : Law
Languages : en
Pages : 0
Book Description
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
Conceptualising Property Law
Author: Yaëll Emerich
Publisher: Edward Elgar Publishing
ISBN: 1788111842
Category : Law
Languages : en
Pages : 338
Book Description
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Publisher: Edward Elgar Publishing
ISBN: 1788111842
Category : Law
Languages : en
Pages : 338
Book Description
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
A Study of Mixed Legal Systems: Endangered, Entrenched or Blended
Author: Sue Farran
Publisher: Routledge
ISBN: 1317186494
Category : Law
Languages : en
Pages : 271
Book Description
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.
Publisher: Routledge
ISBN: 1317186494
Category : Law
Languages : en
Pages : 271
Book Description
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.
Louisiana Property Law
Author: John A. Lovett
Publisher:
ISBN: 9781611630770
Category : Property
Languages : en
Pages : 0
Book Description
Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Québec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property. Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).
Publisher:
ISBN: 9781611630770
Category : Property
Languages : en
Pages : 0
Book Description
Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Québec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property. Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).
The Role of Judicial Decisions and Doctrine in Civil Law and in Mixed Jurisdictions
Author: Joseph Dainow
Publisher:
ISBN: 9780807100806
Category : Civil law
Languages : en
Pages : 350
Book Description
Under the auspices of the Louisiana State University Law School, Institute of Civil Law Studies and the Bailey lecture series.
Publisher:
ISBN: 9780807100806
Category : Civil law
Languages : en
Pages : 350
Book Description
Under the auspices of the Louisiana State University Law School, Institute of Civil Law Studies and the Bailey lecture series.
Major Legal Systems in the World Today
Author: René David
Publisher: Simon and Schuster
ISBN: 0029076102
Category : Comparative law
Languages : en
Pages : 612
Book Description
A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
Publisher: Simon and Schuster
ISBN: 0029076102
Category : Comparative law
Languages : en
Pages : 612
Book Description
A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
Comparative Law
Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 141
Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 141
Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.