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Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide The Third Legal Family, 2nd Edition

Author: Vernon Valentine Palmer
Publisher: Cambridge University Press
ISBN: 9780521768573
Published In: June 2012
Format: Hardback , 728 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.

• Now fully updated and expanded, this in-depth study of the mixed jurisdictions is already established as the leading text in the field and the indispensable guide to understanding mixed jurisdictions

• Covers nine countries and gives a broad overview and cross-comparative synthesis that will appeal to comparative lawyers, legal pluralists and jurists from each of the nine countries

• Detailed studies of nine countries reveal the nature of these systems and will appeal to both 'inside' and 'outside' observers interested in one or more of these jurisdictions

Preface to the second edition	xi
Preface to the first edition	xiii
List of contributors	xvi
List of select abbreviations	xviii
Part I Introduction and comparative overview	1
Introduction to the mixed jurisdictions Vernon Valentine Palmer	3
I A glimpse at the extended family	3
II The mixed jurisdiction in profile: three characteristics	7
III The question of a third legal family	11
IV Research methods and country reports	16
1 A descriptive and comparative overview Vernon Valentine Palmer	19
I The mixed jurisdiction as an historical idea	19
II Upon an invisible foundation: the claims of culture to the civil law sphere	24
III The cultural voices of judge and jurist: purists, pragmatists, and pollutionists	39
IV The system builders and their edifice	44
V The linguistic factor: the demands of dualism	50
VI The place of precedent in legal reasoning and in the scheme of legal sources	54
VII The two receptions of common law: pattern and process	64
VIII “Original law”: the process of creating autonomous law	71
IX The broad assimilation of Anglo-American procedure and evidence	74
X Commercial law: the role of the dominant economy	79
Interim conclusions	89
Part II The comparative evidence	93
2 The Republic of South Africa C. G. Van Der Merwe, Jacques du Plessis, Marius de Waal, Reinhard Zimmermann, and Paul Farlam	95
3 Scotland Elspeth Reid	216
4 Louisiana Vernon Valentine Palmer and Harry Borowski	277
5 Quebec Michael Mcauley	354
6 Puerto Rico Luis Muñiz-Argüelles	381
7 The Philippines Pacifico Agabin	452
8 Botswana Charles Fombad	481
9 Malta Biagio Andó, Kevin Aquilina, J. Scerri-Diacono, and David Zammit	528
10 Israel Tamar Gidron	577
Conclusions Vernon Valentine Palmer	611
Appendix A Questionnaire	614
Appendix B Other mixed jurisdictions of the world	625
Appendix C Special report on Cameroon	632
Index	675