Mixed Legal Systems, East and West

ISBN-13: 9781472431066 / Angielski / Twarda / 2014 / 320 str.

Vernon Valentine Palmer;Mohamed Y. Mattar;Anna Koppel

Opis

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.

Recenzje

’Globalization is leading to the convergence of legal systems and traditions - from all across the world. Helping us to understand what the future of the law may look like, this book presents findings from those living legal laboratories - the Mixed Legal Systems. The book presents findings from the usual civil/common law mixed systems and the non-western, religious and philosophical-based legal systems. Such a comprehensive approach provides the reader with a sophisticated appreciation of the real mixing that is taking place and consequently provides a better feel for what might be the future of the law on Earth.’ Colin Picker, University of New South Wales, Australia ’This volume expands the concept of mixed legal systems beyond Western-centric perspectives. Led by Vernon Palmer, a crew of talented scholars embarks in the exploration of uncharted legal territories where non-Western indigenous and religious laws mingle with one another and with Western laws. It is an invitation au voyage to discover smaller mixed systems such as Malta, Cyprus, Seychelles or Vanuatu, or the African systems of Cameroon and Eritrea. It opens new dialogues between specialists of the Middle East and mixed-jurisdiction scholars, between the East and the West. Whilst providing the reader with a breadth of unknown information, Mixed Legal Systems, East and West contributes to a renewal of comparative studies.’ Olivier Moréteau, Louisiana State University, USA ’Many of the legal systems discussed in the present volume have not been the subject of academic analysis in the past, and in that sense, it constitutes an original and refreshing contribution to the history and jurisprudence of mixed legal systems. The focus on the indigenous, customary and religious systems of the East, with special emphasis on Islamic law, is highly relevant to contemporary developments all over the world as the legal boundaries between West and East shift, and mixed systems become more prevalent

Spis treści

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

O autorze

Professor Vernon Valentine Palmer is Thomas Pickles Professor of Law; Co-Director, Eason Weinmann Center for International and Comparative Law; and Director, Tulane Paris Institute of European Legal Studies, Tulane University. His primary fields of interest have been the civil law, comparative law, mixed jurisdictions and legal history. Professor Palmer serves as Editor-in-Chief of The Tulane European and Civil Law Forum. In addition to numerous other awards, in 2007 he received the French Legion of Honor and in 2013 he was honoured Docteur Honoris Causa by Paris Dauphine University. Dr Mohamed Mattar is Executive Director of the Protection Project of the Foreign Policy Institute, Johns Hopkins University School of Advanced International Studies (SAIS). He is also Senior Research Professor of International Law, Johns Hopkins University, Paul Nitze School of Advanced International Studies. He is also Non-Resident Distinguished Professor of Law, Alexandria University Faculty of Law, Egypt. In addition, he holds adjunct professorships at Georgetown University Law Center, the American University, Washington College of Law, and Indianapolis University School of Law, USA. Dr. Mattar has worked in over 50 countries to promote state compliance with international human rights standards and has advised governments on drafting and implementing anti-trafficking legislation. He participated in drafting the United Nations model law on trafficking in persons and he authored the Inter-Parliamentarian Handbook on the appropriate responses to trafficking in persons. Ms Anna Koppel is the Director of Research and Development at The Protection Project at Johns Hopkins University, USA, where she develops and manages international programs of academic cooperation in the fields of human rights law and comparative law. She regularly organizes seminars, workshops, and conferences bringing together scholars from around the world, with a particular focus on the Middle East region. Ms. Koppel is an MSt Candidate (expected 2014) in International Human Rights Law at the University of Oxford; she received her Master of Arts in International Relations in May of 2003 from The Johns Hopkins University (SAIS), and her Bachelor of Science in Psychology from the University of Maryland, May 1999.