Mixed Legal Systems, East and West: 1st Edition (Paperback) book cover

Mixed Legal Systems, East and West

1st Edition

By Vernon Valentine Palmer, Mohamed Y. Mattar

Routledge

320 pages

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pub: 2017-01-09
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Description

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.

Reviews

’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 Systems�. 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.’ Colin Picker, University of New South Wales, Australia ’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.’ Olivier Moréteau, Louisiana State University, USA ’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

About the Authors

Professor Vernon Valentine Palmer is Thomas Pickles Professor of Law; Co-Director, Eason Weinmann Center for International and Comparative Law; and Director, Tulane Paris Institute of European Legal Studies, Tulane University. His primary fields of interest have been the civil law, comparative law, mixed jurisdictions and legal history. Professor Palmer serves as Editor-in-Chief of The Tulane European and Civil Law Forum. In addition to numerous other awards, in 2007 he received the French Legion of Honor and in 2013 he was honoured Docteur Honoris Causa by Paris Dauphine University. Dr Mohamed Mattar is Executive Director of the Protection Project of the Foreign Policy Institute, Johns Hopkins University School of Advanced International Studies (SAIS). He is also Senior Research Professor of International Law, Johns Hopkins University, Paul Nitze School of Advanced International Studies. He is also Non-Resident Distinguished Professor of Law, Alexandria University Faculty of Law, Egypt. In addition, he holds adjunct professorships at Georgetown University Law Center, the American University, Washington College of Law, and Indianapolis University School of Law, USA. Dr. Mattar has worked in over 50 countries to promote state compliance with international human rights standards and has advised governments on drafting and implementing anti-trafficking legislation. He participated in drafting the United Nations model law on trafficking in persons and he authored the Inter-Parliamentarian Handbook on the appropriate responses to trafficking in persons. Ms Anna Koppel is the Director of Research and Development at The Protection Project at Johns Hopkins University, USA, where she develops and manages international programs of academic cooperation in the fields of human rights law and comparative law. She regularly organizes seminars, workshops, and conferences bringing together scholars from around the world, with a particular focus on the Middle East region. Ms. Koppel is an MSt Candidate (expected 2014) in International Human Rights Law at the University of Oxford; she received her Master of Arts in International Relations in May of 2003 from The Johns Hopkins University (SAIS), and her Bachelor of Science in Psychology from the University of Maryland, May 1999.

About the Series

Juris Diversitas

Juris Diversitas
Rooted in comparative law, the Juris Diversitas series focuses on the interdisciplinary study of legal and normative mixtures and movements. The interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons and could focus on theory and methodology, substantive law or legal cultures, or could investigate official or unofficial 'legalities', past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome.

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Subject Categories

BISAC Subject Codes/Headings:
LAW016000
LAW / Comparative
LAW075000
LAW / Public