Vernon Valentine Palmer, Mohamed Y. Mattar

Mixed Legal Systems, East and West (eBook, PDF)

• Format: PDF

Produktbeschreibung

This book takes us far beyond the usual focus of comparative law with analysis of a broad range of jurisdictions, including mixtures of common and civil law, and also those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. The discussion is situated within the broader context of the continuing tides of globalization, 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.

---

Dieser Download kann aus rechtlichen Gründen nur mit Rechnungsadresse in A, B, BG, CY, CZ, D, DK, EW, E, FIN, F, GR, HR, H, IRL, I, LT, L, LR, M, NL, PL, P, R, S, SLO, SK ausgeliefert werden.

Produktdetails

• Verlag: Taylor & Francis
• Seitenzahl: 320
• Erscheinungstermin: 22. Juli 2016
• Englisch
• ISBN-13: 9781317095385
• Artikelnr.: 45522228

Autorenporträt

Professor Vernon Valentine Palmer is Thomas Pickles Professor of Law; Co-Director, Eason Weinmann Center for International and Comparative Law; and Director, Tulane Paris Institute of European Legal Studies, Tulane University. His primary fields of interest have been the civil law, comparative law, mixed jurisdictions and legal history. Professor Palmer serves as Editor-in-Chief of The Tulane European and Civil Law Forum. In addition to numerous other awards, in 2007 he received the French Legion of Honor and in 2013 he was honoured Docteur Honoris Causa by Paris Dauphine University. Dr Mohamed Mattar is Executive Director of the Protection Project of the Foreign Policy Institute, Johns Hopkins University School of Advanced International Studies (SAIS). He is also Senior Research Professor of International Law, Johns Hopkins University, Paul Nitze School of Advanced International Studies. He is also Non-Resident Distinguished Professor of Law, Alexandria University Faculty of Law, Egypt. In addition, he holds adjunct professorships at Georgetown University Law Center, the American University, Washington College of Law, and Indianapolis University School of Law, USA. Dr. Mattar has worked in over 50 countries to promote state compliance with international human rights standards and has advised governments on drafting and implementing anti-trafficking legislation. He participated in drafting the United Nations model law on trafficking in persons and he authored the Inter-Parliamentarian Handbook on the appropriate responses to trafficking in persons. Ms Anna Koppel is the Director of Research and Development at The Protection Project at Johns Hopkins University, USA, where she develops and manages international programs of academic cooperation in the fields of human rights law and comparative law. She regularly organizes seminars, workshops, and conferences bringing together scholars from around the world, with a particular focus on the Middle East region. Ms. Koppel is an MSt Candidate (expected 2014) in International Human Rights Law at the University of Oxford; she received her Master of Arts in International Relations in May of 2003 from The Johns Hopkins University (SAIS), and her Bachelor of Science in Psychology from the University of Maryland, May 1999.

Inhaltsangabe

Part I: The Contemporary Nature of Mixed Legal Systems; Chapter 1: "As
Slippery as an Eel"? Comparative Law and Polyjural Systems; Chapter 2: To
Hybridity and Beyond: Reflections on Legal and Normative Complexity;
Chapter 3: Mixed Jurisdictions: The Roads Ahead; Part II: Patterns of
Common and Civil Law Hybridities; Chapter 4: 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; Chapter 5: The Parts That Make a Whole? The Mixity of
the Laws of Seychelles; Chapter 6: Reconstructing Mixity: Sources of Law
and Legal Method in Cyprus; Chapter 7: Managing Legal Diversity:
Cameroonian Bijuralism at a Critical Crossroads; Part III: Mixed Legal
Systems with Indigenous, Customary, and Religious Law; Chapter 8: Pacific
Punch: Tropical Flavors of Mixedness in the Island Republic of Vanuatu;
Chapter 9: "I'm in the East, but My Law Is from the West": The East-West
Dilemma in the Israeli Mixed Legal System; Chapter 10: Patterns of Legal
Mixing in Eritrea: Examining the Impact of Customary Law, Islamic Law,
Colonial Law, Socialist Law, and Authoritarian Revolutionary Dogma; Chapter
11: The Influence of Philippine Indigenous Law on the Development of New
Concepts of Social Justice; Part IV: The Islamic Legal System and Western
Legal Traditions; Chapter 12: Turkey's Synthetic Civilian Tradition in a
"Covert" Mix with Islam as Tradition: A Novel Hybrid?; Chapter 13:
Integration of Islamic Law in the Fabric of Legal Thought in Egypt; Chapter
14: The Influence of Religion on Law in the Iranian Legal System; Chapter
15: The Reception of Islamic Law in Sri Lanka and Its Interplay with
Western Legal Traditions; Chapter 16: The Contribution of the Courts in the
Integration of Muslim Law into the Mixed Fabric of South African Law; Part
V: Patterns of Mixing in Specialized Areas of the Law; Chapter 17: Islamic
Law and International Law in the Islamic Republic of Iran's Constitution;
Chapter 18: A Study of the Consolidation of Islamic Law and Modern Western
Law in the Iranian Penal Code; Chapter 19: The Ancient Euro-Mediterranean
Aversion for Usury; Chapter 20: Settling Islamic Finance Disputes: The Case
of Malaysia and Saudi Arabia; Chapter 21: Mixed Legal Jurisdictions and
Clinical Legal Education: Latest Trends