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Author: Reinhard Zimmermann
Publisher: Oxford University Press on Demand
ISBN: 9780199271009
Category : Law
Languages : en
Pages : 871
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Book Description
Placed uniquely at the intersection of common law and civil law mixed legal systems attract the attention both of scholars of comparative law, and of those concerned with the development of a European private law. Pre-eminent among these are Scotland and South Africa - compared in this book.
Author: Reinhard Zimmermann
Publisher: Oxford University Press on Demand
ISBN: 9780199271009
Category : Law
Languages : en
Pages : 871
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Book Description
Placed uniquely at the intersection of common law and civil law mixed legal systems attract the attention both of scholars of comparative law, and of those concerned with the development of a European private law. Pre-eminent among these are Scotland and South Africa - compared in this book.
Author: Vernon Valentine Palmer
Publisher: Routledge
ISBN: 1317095383
Category : Law
Languages : en
Pages : 320
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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.
Author: Reinhard Zimmermann
Publisher: Juta and Company Ltd
ISBN: 9780702167263
Category : Law
Languages : en
Pages : 958
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Book Description
This volume sets out to compare the effects of this historical development by assessing whether shared experience has led to shared law.
Author: Sue Farran
Publisher: Routledge
ISBN: 1317186486
Category : Law
Languages : en
Pages : 294
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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.
Author: E. Örücü
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 352
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Book Description
This book aims to provide 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 all who have a general interest in comparative law and a special interest in mixed legal systems.
Author: Günther Doeker-Mach
Publisher: Franz Steiner Verlag
ISBN: 9783515085601
Category : Philosophy
Languages : en
Pages : 448
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Book Description
Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.
Author: Mauro Bussani
Publisher: Cambridge University Press
ISBN: 0521895707
Category : Business & Economics
Languages : en
Pages : 423
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Book Description
The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
Author: Esin Orucu
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 390
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Book Description
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.
Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 135
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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.
Author: Esin Örücü
Publisher: Springer
ISBN: 9401755965
Category : Law
Languages : en
Pages : 243
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Book Description
Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.
