ABSTRACT

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.

part |2 pages

Part I The Contemporary Nature of Mixed Legal Systems

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

part |2 pages

Part IV The Islamic Legal System and Western Legal Traditions

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 19|12 pages

The Ancient Euro-Mediterranean Aversion for Usury

ByIgnazio Castellucci

chapter 21|14 pages

Mixed Legal Jurisdictions and Clinical Legal Education: Latest Trends

ByDavid McQuoid-Mason