Mixed legal systems at new frontiers
著者
書誌事項
Mixed legal systems at new frontiers
（JCL studies in comparative law, no. 2）
Wildy, Simmonds & Hill, 2010
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注記
Includes bibliographical references
内容説明・目次
内容説明
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.
目次
Preface
List of Contributors
General Introduction: Mixed Legal Systems at New Frontiers
Esin OErucu
Two Rival Theories of Mixed Legal Systems
Vernon Valentine Palmer
What is a Mixed Legal System: Exclusion or Expansion?
Esin OErucu
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 OErucu
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
Sean 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
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