Mixed Jurisdictions Worldwide: The Third Legal Family
Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'Ítre, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.
What people are saying - Write a review
We haven't found any reviews in the usual places.
adopted Afrikaans American Appellate Division appointed areas Article authority binding British Cape Civil Code civil law Civil Procedure Colony commercial law common common-law Comparative Law Constitution continental contract Court of Appeal Court of Puerto Court of Session cultural delict derecho doctrine droit Dutch Edinburgh English law equity estoppel European example existing Federal Foraker Act forced heirship French Hahlo and Kahn History Ibid influence institutions Israel judges judicial decisions jurisprudence jurists Justice law merchant lawyers Legal System legislation legislature liability Lord Louisiana Civil lower courts mercantile law mixed jurisdictions Natal official language Orange Free Ordinance overrule Palmer Philippines political pollutionists practice pragmatists precedent principles private civil law private law promissory estoppel Puerto Rico Quebec QUESTION reception Report Rican Roman-Dutch law rules Scotland Scots law Scottish source of law South African law Southern Cross Spanish stare decisis statute Supreme Court tion tort Transvaal trust