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Comparative law: study & application: Legal pluralism

Mixed legal tradition: civil & common law legacies

In this guide, this has been used for the form of legal pluralism which is the historic legacy of colonialism or of close geographic ties: a number of jurisdictions have a state legal system drawing on both the civil and the common law traditions.

  • Scotland
  • South Africa
  • Botswana
  • Cyprus
  • Guyana
  • Louisiana (USA)
  • Malta
  • Mauritius
  • Namibia
  • Philippines
  • Porto Rico (Ass. USA)
  • Quebec (Canada)
  • Saint Lucia
  • Seychelles

DU PLESSIS, J., Comparative Law and the Study of Mixed Legal Systems, Oxford,  Oxford University Press, 2006.

PALMER, V., (ed.), Collectif, “First Worlwide Congress on Mixed Jurisdictions: Salience and Unity in the Mixed Jurisdiction Experience: Traits, Patterns, Culture, Commonalities”, (2003) 78TULANE LAW REVIEW.

PALMER, V., Mixed Jurisdictions Worldwide: The Third Legal Family , Cambridge University Press, 2001.

REID, Kenneth G.C., “The Idea of Mixed Legal Systems”, (2003) 78 Tulane Law Review 5-40.

 

Legal polycentricity

Legal pluralism can also study the interplay of customary or indigenous and/or religious law (which may be transnational) within the borders of a national entity - which may also have a state-based legal system.

Subject search terms to use in SOLO:

Legal polycentricity
Customary law 
Ethnological jurisprudence