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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Mixed Legal Systems, East and West

Edited by: Vernon Valentine Palmer, Mohamed Y. Mattar, Anna Koppel

ISBN13: 9781472431066
Published: January 2015
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £80.00

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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions.

With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries , and the increasing focus on traditional and customary norms of governance in post-colonial contexts.

The book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Comparative Law

Part I Contemporary Nature of Mixed Legal Systems: ‘As slippery as an eel’? Comparative law and polijural systems, Biagio Andò
To hybridity and beyond: reflections on legal and normative complexity, Seán Patrick Donlan
Mixed jurisdictions: the roads ahead, Luis Muñiz Argüelles.

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 crossroad, 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 hybridity?, Esin Örücü
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 radication of the aversion for usury, Ignazio Castellucci
Settlement of 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.