A Study of Mixed Legal Systems: Endangered, Entrenched or Blended

ISBN-13: 9781472441775 / Angielski / Twarda / 2014 / 270 str.

Sue Farran;Esin Orucu;Sean Patrick Donlan

Opis

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."

Recenzje

'This book contains a wonderful collection of essays written by renowned experts. The work is based on creative distinction between entrenched, endangered or blended systems. The book provides insights into systems from St Lucia to Mauritius and from Scotland to Quebec. Indispensable reading for anyone interested in contemporary mixed legal systems or comparative law.' Jaakko Husa, University of Lapland, Finland ’The book provides an excellent and valuable insight into how different legal cultures coexist in a number of countries, focusing mainly on small territories whose survival as mixed jurisdictions depends on constant inflow of intellectual and material resources from abroad. I can recommend it to all comparative legal scholars.’ Michael Bogdan, Lund University, Sweden ’I have been studying, teaching, and reflecting about mixed legal systems for more than three decades, but this book has taught me plenty more, while also showing that there is even more to explore. Thoughtfully conceived and expertly executed, this book is an indispensable addition to the literature on mixed systems and comparative law in general.’ Symeon C. Symeonides, Willamette University, USA and President, International Association of Legal Science ’...an important addition to the literature on mixed legal systems and comparative law in general, and will undoubtedly prove a boon to further research.’ Journal of Legal Pluralism and Unofficial Law

Spis treści

Introduction An Introductory Overview; Chapter 1 Scotland; Chapter 1a Scotland: ‘Is the Tartan Fading?’, Sue Farran; Chapter 2 Guyana; Chapter 2a Guyana: ‘Mosaic or Melting-Pot?’, Christine Toppin-Allahar; Chapter 3 Philippines; Chapter 3a Philippines: ‘The Twentieth Century as the Common Law’s Century’, Pacifico A. Agabin; Chapter 4 Jersey; Chapter 4a Jersey: ‘Avoiding the Fate of the Dodo’, Philip Bailhache; Chapter 5 Mauritius; Chapter 5a Mauritius: ‘Capitulation, Consolidation, Creation’, Tony Angelo; Chapter 6 Seychelles; Chapter 6a Seychelles: ‘Things Fall Apart? – The Mixing of Fate, Free Will and Imposition in the Laws of Seychelles’, Mathilda Twomey; Chapter 7 Quebec; Chapter 7a Quebec: ‘First Impressions Can be Misleading’, Sophie Morin; Chapter 8 Saint Lucia; Chapter 8a Saint Lucia: ‘The Quebec Connection – Parallelism, Convergence and Divergence’, Jane Matthews Glenn; Chapter 9 Cyprus; Chapter 9a Cyprus: ‘Everything Changes and Nothing Remains Still’, Achilles C. Emilianides; Chapter 10 Endnote to Mixed Legal Systems: Endangered, Entrenched, Blended or Muddled?;

O autorze

Sue Farran is a Professor of Laws at Northumbria University, UK, and an Adjunct Professor at the University of the South Pacific. She has a long-standing interest in comparative law and legal pluralism, and much of her published research uses case studies from the island countries of the South Pacific region to focus on issues of human rights, legal pluralism, the challenges of development and sustainability, globalisation and legal colonialism. In particular she is interested in the interface between legal systems and normative frameworks within states and between states, and the relationship between national, regional and international players in shaping and developing legal responses to contemporary issues. Professor Emerita Dr Esin Örücü has been Professor Emerita of Comparative Law, University of Glasgow, since 2005 and Honorary Senior Research Fellow, University of Glasgow since 2008. Esin is also Professor Emeritus of Comparative Law, Erasmus University Rotterdam, Visiting Professor of Turkish Family Law, Amsterdam Free University, and Visiting Professor of Comparative Law, Okan University, Istanbul Dr.h.c. (Uppsala). She is a titular member of the International Academy of Comparative law and a member of the World Society of Mixed Jurisdiction Jurists from its inception. Esin’s research interests include: Comparative Law methodology; Transmigration of Laws; Changing Paradigms in the New World Order; Mixed Jurisdictions; Systems in Transition, Legal Systems and Legal Cultures and Convergence and divergence between legal systems and cultures; Problems of the recipient systems in legal export/import, transpositions; Core of Rights; Comparative Jurisprudence; Turkish Law, culture and language. Esin has published widely on comparative law and mixed legal systems. Dr Seán Patrick Donlan holds a JD (Louisiana) and a PhD (Trinity College Dublin). A native of Louisiana, he teaches at the University of Limerick, Ireland. His research interests include comparat