Mixed Jurisdictions Worldwide: The Third Legal FamilyVernon V. Palmer 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'être, 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. |
Contents
The Republic of South Africa | 83 |
Scotland | 201 |
Louisiana | 257 |
Quebec | 329 |
Puerto Rico | 364 |
The Philippines | 425 |
Israel | 448 |
Appendix A The mixed jurisdictions questionnaire and instructions | 471 |
479 | |
485 | |
Other editions - View all
Mixed Jurisdictions Worldwide: The Third Legal Family Vernon Valentine Palmer No preview available - 2007 |
Common terms and phrases
adopted Afrikaans American Appellate Division areas Article authority British Civil Code civil law Civil Procedure Civilian Tradition Colony commercial law common common-law Comparative Law Constitution continental contract Court of Appeal Court of Puerto Court of Session cultural delict doctrine droit Dutch English law equity estoppel example Federal Foraker Act forced heirship French Hahlo and Kahn History Ibid influence institutions Israel judges judicial decisions jurisprudence jurists Justice law merchant Law of Delict lawyers Legal System legislation liability Lord Louisiana Civil lower courts mercantile law mixed jurisdictions Natal official language Orange Free overrule Philippines pollutionists precedent principles private civil law private law promissory estoppel Puerto Rico Quebec QUESTION reception Report Rican Roman-Dutch law rules SALJ Scotland Scots law Scottish source of law South African law Southern Cross Spanish stare decisis statute Supreme Court tion tort Transvaal Trías Monge trust Visser eds Zimmermann and Visser