Mixed and Mixing Systems Worldwide: A Preface

9 Pages Posted: 20 Oct 2012

Date Written: September 25, 2012

Abstract

In this volume the participating authors explore the complexity of contemporary scholarship on mixed and plural legal systems, both in the "third legal family" and beyond. Antonios Platsas and Haim Sandberg each investigate aspects of the Israeli tradition. Platsas provides a general overview of what he calls "the enigmatic but unique nature of the Israeli legal system", while Sandberg looks at Israeli constitutional review. Biagio Andò discusses Malta, a system closely related to the classical mixed system, but until recently largely overlooked by mixed scholarship. Lukas Heckendorn Urscheler goes still further afield to explore Nepal’s hybrid system. Finally, the two South African selections show how fertile the study of its legal system is. Flip Schutte looks at South African property law. Gerrit Pienaar looks beyond the two Western traditions to customary law; in particular, to land tenure. All of the articles reflect a thriving, flowering subject that is no longer the merely internal focus of isolated and ignored jurisdictions, but research of obvious import far beyond explicitly mixed systems, to comparative law, legal history, and legal theory.

Suggested Citation

Donlan, Seán Patrick, Mixed and Mixing Systems Worldwide: A Preface (September 25, 2012). Potchefstroom Electronic Law Journal, Vol. 15, No. 3, 2012, Available at SSRN: https://ssrn.com/abstract=2164250

Seán Patrick Donlan (Contact Author)

University of Limerick ( email )

FG020
University of Limerick
Limerick, Limerick N/A
Ireland

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