Mixed Jurisdictions Worldwide: The Third Legal Family
South Africa, Scotland and Quebec are among the seven major systems of "mixed jurisdictions"--legal systems with both a common and civil law content--analyzed in this comparative study. As well as the founding, raison d'etre and evolutionary tendencies of their mixed law components, Palmer also discusses the cultural divisions of the jurists and the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. He concludes that these 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.
Other editions - View all
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