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Author:   Vernon Valentine Palmer ,  Mohamed Y. Mattar ,  Anna Koppel ,  Dr. Sean Patrick Donlan
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Edition:   New edition
Weight:   0.816kg
ISBN:  

9781472431066

ISBN 10:   1472431065
Pages:   320
Publication Date:   28 December 2014
Audience:   College/higher education ,  General/trade ,  Tertiary & Higher Education ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents: Preface, Vernon Valentine Palmer and Mohamed Y. Mattar. Part I The Contemporary Nature of Mixed Legal Systems: 'As slippery as an eel'? Comparative law and polyjural systems, Biagio Ando; To hybridity and beyond: reflections on legal and normative complexity, Sean Patrick Donlan; Mixed jurisdictions: the roads ahead, Luis Muniz Arguelles. Part II Patterns of Common and Civil Law Hybridities: 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, Kevin Aquilina; The parts that make a whole? The mixity of the laws of Seychelles, Mathilda Twomey; Reconstructing mixity: sources of law and legal method in Cyprus, Nikitas E. Hatzimihail; Managing legal diversity: Cameroonian bijuralism at a critical crossroads, Charles Manga Fombad. Part III Mixed Legal Systems with Indigenous, Customary, and Religious Law: Pacific punch: tropical flavors of mixedness in the Island Republic of Vanuatu, Sue Farran; 'I'm in the East, but my law is from the West': the East-West dilemma in the Israeli mixed legal system, Nir Kedar; Patterns of legal mixing in Eritrea: examining the impact of customary law, Islamic law, colonial law, socialist law, and authoritarian revolutionary dogma, Daniel R. Mekonnen; The influence of Philippine indigenous law on the development of new concepts of social justice, Pacifico Agabin. Part IV The Islamic Legal System and Western Legal Traditions: Turkey's synthetic civilian tradition in a 'covert' mix with Islam as tradition: a novel hybrid?, Esin Orucu; Integration of Islamic law in the fabric of legal thought in Egypt, Mohamed Ahmed Serag; The influence of religion on law in the Iranian legal system, Naser Ghorbannia; The reception of Islamic law in Sri Lanka and its interplay with Western legal traditions, Anton Cooray; The contribution of the courts in the integration of Muslim law into the mixed fabric of South African law, Christa Rautenbach. Part V Patterns of Mixing in Specialized Areas of the Law: Islamic law and international law in the Islamic Republic of Iran's constitution, Seyed Mostafa Mirmohammadi Azizi; A study of the consolidation of Islamic law and modern Western law in the Iranian penal code, Hossein Mir Mohammad Sadeghi; The ancient Euro-Mediterranean aversion for usury, Ignazio Castellucci; Settling Islamic finance disputes: the case of Malaysia and Saudi Arabia, Mohd Zakhiri Md Nor; Mixed legal jurisdictions and clinical legal education: latest trends, David McQuoid-Mason. Index.

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 Moreteau, 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. This book provides an indispensable guide to what is rapidly becoming one of the most important fields in this branch of comparative legal studies.' Tamar Gidron, The College of Management Academic Studies, Israel

'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, the 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 Moreteau, 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. This book provides an indispensable guide to what is rapidly becoming one of the most important fields in this branch of comparative legal studies.'Tamar Gidron, The College of Management - Academic Studies, Israel

Author Information

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.

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