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.
TABLE OF CONTENTS
part I|40 pages
The Contemporary Nature of Mixed Legal Systems
part II|80 pages
Patterns of Common and Civil Law Hybridities
part III|62 pages
Mixed Legal Systems with Indigenous, Customary, and Religious Law
chapter Chapter 8|18 pages
Pacific Punch: Tropical Flavors of Mixedness in the Island Republic of Vanuatu
chapter 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
chapter Chapter 11|16 pages
The Influence of Philippine Indigenous Law on the Development of New Concepts of Social Justice
part IV|60 pages
The Islamic Legal System and Western Legal Traditions
chapter Chapter 12|18 pages
Turkey's Synthetic Civilian Tradition in a “Covert” Mix with Islam as Tradition: A Novel Hybrid?
chapter Chapter 15|12 pages
The Reception of Islamic Law in Sri Lanka and Its Interplay with Western Legal Traditions
chapter Chapter 16|18 pages
The Contribution of the Courts in the Integration of Muslim Law into the Mixed Fabric of South African Law
part V|50 pages
Patterns of Mixing in Specialized Areas of the Law