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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition was published, see:
Mixed Jurisdictions Worldwide: The Third Legal Family 2nd ed isbn 9780521768573

Mixed Jurisdictions Worldwide: The Third Legal Family

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ISBN13: 9780521033817
New Edition ISBN: 9780521768573
Published: February 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2001)
Price: Out of print
Hardback edition out of print, ISBN13 9780521781541

Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these ‘mixed jurisdictions’. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d’être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components.

In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related ‘Third Legal Family’ with cohesive traits and tendencies.

  • A comprehensive and comparative study
  • Ten country reports (thirteen scholars) providing detailed information and analysis
  • Argues for the existence of a ‘Third Legal Family’

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Public International Law
Part I. Introduction and Comparative Overview: Introduction to the mixed jurisdictions
Vernon Valentine Palmer
1. A descriptive and comparative overview
Interim conclusions
Part II. The Comparative Evidence: 2. The Republic of South Africa: Report 1 Paul Farlam,
Reinhard Zimmerman
Report 2
C. G. van der Merwe, J. E. du Plessis, M. J. De Waal
3. Scotland: Report 1
Elspeth Reid
Report 2 Robert Leslie
4. Louisiana
Vernon Valentine Palmer and Matthew Sheynes
5. Quebec: Report 1
John C. Brierley
Report 2
Jean-Louis Baudouin
6. Puerto Rico
Ennio Colón and associates
7. The Philippines
Pacifico Agabin
8. Israel
Stephen Goldstein