Mixed Legal Systems, East and West.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Figures -- Notes on Contributors -- Preface -- List of Abbreviations -- Part I The Contemporary Nature of Mixed Legal Systems -- 1 "As Slippery as an Eel"? Comparative Law and Polyjural Systems -- 2 To Hybridity and Beyond: Reflections on Legal and Normative Complexity -- 3 Mixed Jurisdictions: The Roads Ahead -- Part II Patterns of Common and Civil Law Hybridities -- 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 -- 5 The Parts That Make a Whole? The Mixity of the Laws of Seychelles -- 6 Reconstructing Mixity: Sources of Law and Legal Method in Cyprus -- 7 Managing Legal Diversity: Cameroonian Bijuralism at a Critical Crossroads -- Part III Mixed Legal Systems with Indigenous, Customary, and Religious Law -- 8 Pacific Punch: Tropical Flavors of Mixedness in the Island Republic of Vanuatu -- 9 "I'm in the East, but My Law Is from the West": The East-West Dilemma in the Israeli Mixed Legal System -- 10 Patterns of Legal Mixing in Eritrea: Examining the Impact of Customary Law, Islamic Law, Colonial Law, Socialist Law, and Authoritarian Revolutionary Dogma -- 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 -- 12 Turkey's Synthetic Civilian Tradition in a "Covert" Mix with Islam as Tradition: A Novel Hybrid? -- 13 Integration of Islamic Law in the Fabric of Legal Thought in Egypt -- 14 The Influence of Religion on Law in the Iranian Legal System -- 15 The Reception of Islamic Law in Sri Lanka and Its Interplay with Western Legal Traditions.

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 -- 17 Islamic Law and International Law in the Islamic Republic of Iran's Constitution -- 18 A Study of the Consolidation of Islamic Law and Modern Western Law in the Iranian Penal Code -- 19 The Ancient Euro-Mediterranean Aversion for Usury -- 20 Settling Islamic Finance Disputes: The Case of Malaysia and Saudi Arabia -- 21 Mixed Legal Jurisdictions and Clinical Legal Education: Latest Trends -- Index.

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.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.