Mixed legal systems, east and west
著者
書誌事項
Mixed legal systems, east and west
（Juris diversitas）
Ashgate, c2015
- : hbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
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.
目次
- Part I: The Contemporary Nature of Mixed Legal Systems
- Chapter 1: "As Slippery as an Eel"? Comparative Law and Polyjural Systems
- Chapter 2: To Hybridity and Beyond: Reflections on Legal and Normative Complexity
- Chapter 3: Mixed Jurisdictions: The Roads Ahead
- Part II: Patterns of Common and Civil Law Hybridities
- Chapter 4: Do Pronouncements of the Constitutional Court Bind Erga Omnes? The Common Law Doctrine of Stare Decisis versus the Civil Law Doctrine of Nonbinding Case Law within a Maltese Law Context
- Chapter 5: The Parts That Make a Whole? The Mixity of the Laws of Seychelles
- Chapter 6: Reconstructing Mixity: Sources of Law and Legal Method in Cyprus
- Chapter 7: Managing Legal Diversity: Cameroonian Bijuralism at a Critical Crossroads
- Part III: Mixed Legal Systems with Indigenous, Customary, and Religious Law
- Chapter 8: Pacific Punch: Tropical Flavors of Mixedness in the Island Republic of Vanuatu
- Chapter 9: "I'm in the East, but My Law Is from the West": The East-West Dilemma in the Israeli Mixed Legal System
- Chapter 10: Patterns of Legal Mixing in Eritrea: Examining the Impact of Customary Law, Islamic Law, Colonial Law, Socialist Law, and Authoritarian Revolutionary Dogma
- Chapter 11: The Influence of Philippine Indigenous Law on the Development of New Concepts of Social Justice
- Part IV: The Islamic Legal System and Western Legal Traditions
- Chapter 12: Turkey's Synthetic Civilian Tradition in a "Covert" Mix with Islam as Tradition: A Novel Hybrid?
- Chapter 13: Integration of Islamic Law in the Fabric of Legal Thought in Egypt
- Chapter 14: The Influence of Religion on Law in the Iranian Legal System
- Chapter 15: The Reception of Islamic Law in Sri Lanka and Its Interplay with Western Legal Traditions
- Chapter 16: The Contribution of the Courts in the Integration of Muslim Law into the Mixed Fabric of South African Law
- Part V: Patterns of Mixing in Specialized Areas of the Law
- Chapter 17: Islamic Law and International Law in the Islamic Republic of Iran's Constitution
- Chapter 18: A Study of the Consolidation of Islamic Law and Modern Western Law in the Iranian Penal Code
- Chapter 19: The Ancient Euro-Mediterranean Aversion for Usury
- Chapter 20: Settling Islamic Finance Disputes: The Case of Malaysia and Saudi Arabia
- Chapter 21: Mixed Legal Jurisdictions and Clinical Legal Education: Latest Trends
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