Mixed Legal Systems, East and West
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 worldâ€™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.
â€™Globalization is leading to the convergence of legal systems and traditions - from all across the world. Helping us to understand what the future of the law may look like, this book presents findings from those living legal laboratories - the Mixed Legal SystemsÂť. The book presents findings from the usual civil/common law mixed systems and the non-western, religious and philosophical-based legal systems. Such a comprehensive approach provides the reader with a sophisticated appreciation of the real mixing that is taking place and consequently provides a better feel for what might be the future of the law on Earth.â€™ Colin Picker, University of New South Wales, Australia â€™This volume expands the concept of mixed legal systems beyond Western-centric perspectives. Led by Vernon Palmer, a crew of talented scholars embarks in the exploration of uncharted legal territories where non-Western indigenous and religious laws mingle with one another and with Western laws. It is an invitation au voyage to discover smaller mixed systems such as Malta, Cyprus, Seychelles or Vanuatu, or the African systems of Cameroon and Eritrea. It opens new dialogues between specialists of the Middle East and mixed-jurisdiction scholars, between the East and the West. Whilst providing the reader with a breadth of unknown information, Mixed Legal Systems, East and West contributes to a renewal of comparative studies.â€™ Olivier MorĂ©teau, Louisiana State University, USA â€™Many of the legal systems discussed in the present volume have not been the subject of academic analysis in the past, and in that sense, it constitutes an original and refreshing contribution to the history and jurisprudence of mixed legal systems. The focus on the indigenous, customary and religious systems of the East, with special emphasis on Islamic law, is highly relevant to contemporary developments all over the world as the legal boundaries between West and East shift, and mixed systems become more prevalent