Mixed and Mixing Systems Worldwide

2014 ◽  
Vol 1 (1) ◽  
pp. 5-9
Author(s):  
Seán Patrick Donlan
Keyword(s):  
Comparative Law ◽  
World Society ◽  
International Congress ◽  
Legal Systems ◽  
The Third ◽  
The World ◽  
Hebrew University

This article introduces an online collection of pieces on mixed legal systems in the European Journal of Comparative Law and Governance. The articles are derived from the Third International Congress of the World Society of Mixed Jurisdiction Jurists held at the Hebrew University of Jerusalem in the summer of 2011.

scholarly journals A COMPARISON OF THE COMMON LAW BASED DUTY WITH ITS CIVIL LAW EQUIVALENT

2020 ◽  
Author(s):  
Azamat Omarov ◽  
Asylbek Kultasov ◽  
Kanat Abdilov
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Comparative Law ◽  
Case Law ◽  
Legal Systems ◽  
Legal Structure ◽  
Legal Term ◽  
Legal Effect ◽  
The World ◽  
The Common

The article discusses the features of civil law in different countries. The authors studied the origins of the modern tradition of civil law, comparing the legal systems of two European countries. One of the traditional classifications of duties in civil law is analyzed, the conclusion is made about the inappropriateness of the allocation of personal and universal duties. In comparative law, there are many situations where the same legal term has different meanings, or where different legal terms have same legal effect. This confusion most often occurs when civil lawyers have to deal with common law, or vice versa, when common law lawyers deal with civil law issues. While there are many issues which are dealt with in the same way by the civil law and common law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts, terminology, etc. As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. The main difference between the two systems is that in common law countries, case law – in the form of published judicial opinions – is of primary importance, whereas in civil law systems, codified statutes predominate.

Comparative Law and the Study of Mixed Legal Systems

2019 ◽  
pp. 473-501
Author(s):  
Jacques Du Plessis
Keyword(s):  
Legal System ◽  
Legal Pluralism ◽  
Comparative Law ◽  
Legal Systems ◽  
Comparative Analyses ◽  
The World ◽  
Mixed Nature ◽  
Key Questions

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a certain level of uniformity, the diversity or ‘mixedness’ of the origins of other systems is more pronounced. This chapter deals with the experiences of the latter systems, and especially with their relevance to the discipline of comparative law. The focus is first on the concept of a mixed legal system, as well as related concepts, such as legal pluralism and hybridity, that have gained prominence in comparative analyses. Thereafter key questions that arise from these analyses are then considered in detail. These questions include how the mixed nature of legal systems is to be dealt with in representations of legal diversity of the world, how mixed legal systems are formed, and what could be learned from their experiences.

Comparative Law and Language

2006 ◽  
pp. 674-708 ◽  
Author(s):  
Vivian Grosswald Curran
Keyword(s):  
Common Law ◽  
Cognitive Model ◽  
Comparative Law ◽  
Legal Culture ◽  
Legal Systems ◽  
Fourth Section ◽  
The Third ◽  
Concrete Application ◽  
Post War

The second section of this article suggests that the study of language is a cognitive model for comparative law. The third section discusses language's dependence on translation. The fourth section discusses comparative law translations in terms of the contrasting categories that undergird the civil and common law legal systems. The fifth section examines the post-war comparative law scholars' immersion in a new language and legal culture. The sixth section situates comparative law between deeply entrenched, mutually contradictory aspirations of universalism and pluralism. The seventh section shows that former domains of pluralism and difference indeed are receding, but that difference itself remains undiminished. The eighth section notes that comparative law's effectiveness as a translator of the foreign depends on how well its acquired skills and methods can be adapted to new kinds of foreignness. The ninth section offers a concrete application of comparative law analysis as translator of current European legal developments.

scholarly journals Mixed and Mixing Systems Worldwide: A Preface

2017 ◽  
Vol 15 (3) ◽  
pp. 1
Author(s):  
Seán Patrick Donlan
Keyword(s):  
South Africa ◽  
South African ◽  
The Philippines ◽  
Daily Lives ◽  
New Horizons ◽  
South Africans ◽  
The Third ◽  
The World ◽  
Hebrew University ◽  
Selection Of

 This issue of the Potchefstroom Electronic Law Journal (South Africa) sees the publication of a selection of articles derived from the Third International Congress of the World Society of Mixed Jurisdiction Jurists (WSMJJ). That Congress was held at the Hebrew University of Jerusalem, Israel in the summer of 2011. It reflected a thriving Society consolidating its core scholarship on classical mixed jurisdictions (Israel, Louisiana, the Philippines, Puerto Rico, Quebec, Scotland, and South Africa) while reaching to new horizons (including Cyprus, Hong Kong and Macau, Malta, Nepal, etc). This publication reflects in microcosm the complexity of contemporary scholarship on mixed and plural legal systems. This complexity is, of course, well-understood by South African jurists whose system is derived both from the dominant European traditions as well as from African customary systems, including both those that make up part of the official law of the state as well as those non-state norms that continue to be important in the daily lives of many South Africans.

Criteria for the Classification of Legal Systems

2021 ◽  
pp. 72-77
Author(s):  
A. O. Zernov ◽  
E. V. Voskresenskaya ◽  
N. N. Zhil’skiy
Keyword(s):  
Political System ◽  
Comparative Law ◽  
Point Of View ◽  
Special Consideration ◽  
Legal Systems ◽  
The World

The article considers the necessity and importance of the issue concerning the classification of legal systems, which is caused by the following. The idea of classification of legal systems arose in comparative law at the beginning of the XX century in connection with the increase in national legal systems; with the destruction of the colonial system, the legal systems of the liberated countries arose and developed; and at the end of the XX century, this trend continues with the destruction of the socialist political system, which entails the appearance of new legal systems on the legal map of the world. It is also necessary not only to study it from the point of view of the special, consideration of individual parts that incorporate similar legal systems, but also to solve the problem in practice-the unification of current legislation and the improvement of national legal systems.

Przeszczepy prawne jako instrument hybrydyzacji prawa

2014 ◽  
pp. 5-27
Author(s):  
Celina Nowak
Keyword(s):  
Comparative Law ◽  
Legal Systems ◽  
The World ◽  
Legal Transplantation

The notion and theories on legal transplants and – more broadly – legal transplantation have been an object of interest in comparative law in the world since the 70s., especially in the framework of research on mixed legal systems. The theories of legal transplants remain rather unknown to the Polish researchers. And yet they may constitute a useful tool of analysis of contemporary transformations of legal systems, stemming from globalization. The article is aimed at acquainting Polish readers with theories on mixed legal systems and legal transplants and explaining briefly in what way legal transplants contribute to the hybridization of legal systems in the world.

Sigla Law

1995 ◽  
Vol 23 (2) ◽  
pp. 123-148 ◽  
Author(s):  
Pierre Legrand
Keyword(s):  
Comparative Analysis ◽  
Comparative Law ◽  
Legal Systems ◽  
World Congress ◽  
National Report ◽  
The World ◽  
International Academy

The writing of a National Report in preparation for the World Congress of the International Academy of Comparative Law involves a paradox. Contrary to what might legitimately be expected, a National Reporter is not asked to engage in any comparative analysis whatsoever. What, then, is the point of a National Report? The answer lies in what an elementary exegetical analysis would suggest: the National Reporter must present the national law on a given topic (or, more accurately, his perception of the national law, for we all know that there is no such thing as the national law). Traditionally, the boundaries of the reporting enterprise have remained confined within these parameters. It is thus left to a General Reporter appointed by the International Academy itself to make sense of the various National Reports on a given topic by bringing them together with a view to eliciting differences and similarities between the legal systems under consideration.

scholarly journals Bringing Together a Community of Voices to Debate a Growing Challenge: A Review of Qualitative Inquiry and the Politics of Evidence

2016 ◽  
Author(s):  
Dan Wulff
Keyword(s):  
Qualitative Research ◽  
Community Building ◽  
Qualitative Inquiry ◽  
International Congress ◽  
Scholarly Journals ◽  
The Third ◽  
The World ◽  
Critical Issues

Editors Norman Denzin and Michael Giardina bring together a collection of leading voices from the Third International Congress of Qualitative Inquiry to explore political, social, and methodological contexts of what constitutes evidence in qualitative research and suggest a diversification of evidential criteria. The book also demonstrates the community-building abilities scholarly journals can have in networking together peers and colleagues from around the world to contemplate, discuss, and debate critical issues such as those raised in this text.

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