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Mixed Legal Systems, East and West

DOI link for Mixed Legal Systems, East and West

Mixed Legal Systems, East and West book

Mixed Legal Systems, East and West

DOI link for Mixed Legal Systems, East and West

Mixed Legal Systems, East and West book

ByVernon Valentine Palmer, Mohamed Y. Mattar
Edition 1st Edition
First Published 2015
eBook Published 22 July 2016
Pub. location London
Imprint Routledge
DOI https://doi.org/10.4324/9781315595658
Pages 320 pages
eBook ISBN 9781315595658
SubjectsHumanities, Law
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Palmer, V., Mattar, M. (2015). Mixed Legal Systems, East and West. London: Routledge, https://doi.org/10.4324/9781315595658

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.

TABLE OF CONTENTS

part |2 pages

Part I The Contemporary Nature of Mixed Legal Systems

chapter 1|14 pages

“As Slippery as an Eel”? Comparative Law and Polyjural Systems

ByBiagio Andò

chapter 2|16 pages

To Hybridity and Beyond: Reflections on Legal and Normative Complexity

BySeán Patrick Donlan

chapter 3|8 pages

Mixed Jurisdictions: The Roads Ahead

ByLuis Muñiz Argüelles

part |2 pages

Part II Patterns of Common and Civil Law Hybridities

chapter 4|12 pages

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

ByKevin Aquilina

chapter 5|20 pages

The Parts That Make a Whole? The Mixity of the Laws of Seychelles

ByMathilda Twomey

chapter 6|26 pages

Reconstructing Mixity: Sources of Law and Legal Method in Cyprus

ByNikitas E. Hatzimihail

chapter 7|20 pages

Managing Legal Diversity: Cameroonian Bijuralism at a Critical Crossroads

ByCharles Manga Fombad

part |2 pages

Part III Mixed Legal Systems with Indigenous, Customary, and Religious Law

chapter 8|18 pages

Pacific Punch: Tropical Flavors of Mixedness in the Island Republic of Vanuatu

BySue Farran

chapter 9|10 pages

“I’m in the East, but My Law Is from the West”: The East-West Dilemma in the Israeli Mixed Legal System

ByNir Kedar

chapter 10|16 pages

Patterns of Legal Mixing in Eritrea: Examining the Impact of Customary Law, Islamic Law, Colonial Law, Socialist Law, and Authoritarian Revolutionary Dogma

ByDaniel R. Mekonnen

chapter 11|16 pages

The Influence of Philippine Indigenous Law on the Development of New Concepts of Social Justice

BySocial Justice Pacifico Agabin

part |2 pages

Part IV The Islamic Legal System and Western Legal Traditions

chapter 12|18 pages

Turkey’s Synthetic Civilian Tradition in a “Covert” Mix with Islam as Tradition: A Novel Hybrid?

ByEsin Ă–rĂĽcĂĽ

chapter 13|6 pages

Integration of Islamic Law in the Fabric of Legal Thought in Egypt

ByMohamed Ahmed Serag

chapter 14|4 pages

The Influence of Religion on Law in the Iranian Legal System

chapter 15|12 pages

The Reception of Islamic Law in Sri Lanka and Its Interplay with Western Legal Traditions

ByAnton Cooray

chapter 16|18 pages

The Contribution of the Courts in the Integration of Muslim Law into the Mixed Fabric of South African Law

BySouth African Law Christa Rautenbach

part |2 pages

Part V Patterns of Mixing in Specialized Areas of the Law

chapter 17|6 pages

Islamic Law and International Law in the Islamic Republic of Iran’s Constitution

BySeyed Mostafa Mirmohammadi Azizi

chapter 18|4 pages

A Study of the Consolidation of Islamic Law and Modern Western Law in the Iranian Penal Code

ByHossein Mir Mohammad Sadeghi

chapter 19|12 pages

The Ancient Euro-Mediterranean Aversion for Usury

ByIgnazio Castellucci

chapter 20|12 pages

Settling Islamic Finance Disputes: The Case of Malaysia and Saudi Arabia

chapter 21|14 pages

Mixed Legal Jurisdictions and Clinical Legal Education: Latest Trends

ByDavid McQuoid-Mason
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