The term «mixed» that we have chosen rather than other terms such as «hybrid» or «composite» should not be interpreted restrictively, as some authors have done. This category therefore includes political entities in which two or more systems apply cumulatively or interactively, but also entities in which the systems are juxtaposed due to more or less clearly defined fields of application. The concept of mixed legal systems is essentially a modern idea that is increasingly shaping discussions about the nature of the world`s legal systems. Fifty years ago, mixed systems were treated as legal aberrations and barely discussed. Emphasis was placed on a consistent order of large systems, and no place was found for composites and hybrids in taxonomies. However, under the influence of studies on «mixed jurisdictions» and legal pluralism, there is a growing awareness that mixed systems, whether narrowly or expansively defined, are a widespread and recurring reality. They have occurred too often and lasted too long to be considered accidents and anomalies. A recent study states that ninety-one jurisdictions can be classified as «civil law» and forty-two as «common law». However, a higher number – ninety-four – are listed as «mixed» systems. The study classified these mixtures into ten subcategories, including «common law and Muslim law», «civil law and common law», «Muslim and customary law» and «common law and civil law».
It is therefore evident that all the traditions discussed in the previous chapters of this companion – Western, East Asian, Jewish, Islamic and sub-Saharan – provided the legal material from which this large number of hybrids was created. (The legal systems listed are listed in the Annex to this chapter.) This book promotes jurisprudence in the field of mixed legal systems, as well as comparative law in general, and extends the comparative study of the world`s legal families to those jurisdictions that contain not only mixtures of customary and civil law, but also those that mix Islamic and/or traditional legal systems with those derived from general and/or civil traditions. With contributions from leading experts in their field, the book takes us far beyond the usual focus of comparative law and analyzes a wide range of countries, including relatively neglected and understudied areas. The discussion is part of the broader context of the ongoing development and development of mixed legal systems in the context of the rise of globalization, on the one hand, and the emergence of Islamic governments in parts of the Middle East, demands for a legal status of Islamic law in some European countries, and the growing emphasis on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable resource for students and scholars working in the fields of comparative law, legal pluralism, the development of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policymakers and analysts. However, there is a significant difference of opinion on the actual meaning and components of a mixed system. Scholars of the «mixed jurisdiction» tradition, following in the footsteps of early British comparatists (see section 17.2 below), tend to limit their scope to a single type of hybrid where the most comprehensive research has been conducted – the common law and civil law mixtures. In this perspective, the number of mixed systems in the field is reduced to less than twenty worldwide.
However, many researchers under the influence of legal pluralism (including the comparatists who conducted the Ottawa study mentioned above) use a more comprehensive factual definition that broadens the scope and knows no obvious limitations. Professor Vernon Valentine Palmer is Thomas Pickles Professor of Law; Co-Director, Eason Weinmann Centre for International and Comparative Law; and Director of the Institute of European Legal Studies of Tulane Paris, Tulane University. His main areas of interest were civil law, comparative law, mixed jurisdictions and legal history. Professor Palmer is Editor-in-Chief of the Tulane European and Civil Law Forum. Among many other distinctions, he received the French Legion of Honor in 2007 and was named doctor honoris causa by Paris Dauphine University in 2013. Dr. Mohamed Mattar is Executive Director of the Protection Project at the Foreign Policy Institute at Johns Hopkins University School of Advanced International Studies (SAIS). He is also Senior Research Professor of International Law at Johns Hopkins University, Paul Nitze School of Advanced International Studies. He is also a distinguished non-resident professor of law at the Faculty of Law, Alexandria University, Egypt. He is also an adjunct professor at Georgetown University Law Center, American University, Washington College of Law, and Indianapolis University School of Law, USA. Dr.
Mattar has worked in more than 50 countries to promote states` compliance with international human rights standards and has advised governments on the drafting and implementation of anti-trafficking laws. He participated in the drafting of the United Nations Model Law on Trafficking in Persons and is the author of the Inter-Parliamentary Handbook on Appropriate Measures against Trafficking in Persons. Anna Koppel is Director of Research and Development at the Protection Project at Johns Hopkins University, USA, where she develops and directs international academic cooperation programs in the fields of human rights and comparative law. It regularly organizes seminars, workshops and conferences that bring together researchers from around the world, with a particular focus on the Middle East region. Wife. Koppel is a candidate for the Master`s degree (planned for 2014) in International Human Rights Law at the University of Oxford; She received her Master of Arts in International Relations from Johns Hopkins University (SAIS) in May 2003 and her Bachelor of Science in Psychology from the University of Maryland in May 1999. Part V Mixing models in specialized areas of law Part II Common law and civil law hybridity models MIXED CIVIL LAW SYSTEM, COMMON LAW, JEWISH LAW AND MUSLIM LAW KLEIN, C., Le droit israel, Paris, P.U.F., 1990. Part I The Contemporary Nature of Mixed Legal Systems COLLECTIVE WORK, Introduction to Chinese Law, Hong Kong, Sweet & Maxwell Asia, 1997. MIXED CIVIL, MUSLIM AND COMMON LAW SYSTEMS VitalSource is an academic technology provider that gives Routledge.com customers access to its free e-book reader, Bookshelf. Most of our eBooks are sold as ePubs and can be read in the Bookshelf app. The app gives readers the freedom to access their documents anytime, anywhere, by adjusting settings like text size, font, page color, and more. To learn more about our e-books, visit the links below: Part III Mixed Legal Systems with Aboriginal, Customary and Religious Law.