PER: 2012 Volume 15 No 3
Contents
25 September 2012
Preface
- Mixed and mixing systems worldwide: a preface / Donlan, SP
Conference papers
- The enigmatic but unique nature of the Israeli legal system / Platsas, AE
- What happens when the judiciary switches roles with the legislator? An innovative Israeli version of a mixed jurisdiction / Sandberg, H
- The mélange of innovation and tradition in Maltese law: the essence of the Maltese mix? / Andò, B
- Innovation in a hybrid system: the example of Nepal / Urscheler, LH
- The characteristics of an abstract system for the transfer of property in South African law as distinguished from a casual system / Schutte, PJW
- The methodology used to interpret customary land tenure / Pienaar, G
Editorial
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.
Editor: Professor Francois Venter / Edition editor: Professor Christa Rautenbach
Recent Submissions
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Innovation in a hybrid system: the example of Nepal
(2012)The Nepali legal tradition is a legal hybrid in many regards. Nepal was not colonised by a Western state, and the Hindu legal tradition therefore dominated all areas of law until the middle of the 20th century. Since the ... -
The characteristics of an abstract system for the transfer of property in South African law as distinguished from a casual system
(2012)Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from one person to another, namely abstract and causal systems. In this article the features of each ... -
The methodology used to interpret customary land tenure
(2012)Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, ... -
The mélange of innovation and tradition in Maltese law: the essence of the Maltese mix?
(2012)Aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the byproduct of the "mixing" of innovation and tradition, ... -
What happens when the judiciary switches roles with the legislator? An innovative Israeli version of a mixed jurisdiction
(2012)Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic ... -
The enigmatic but unique nature of the Israeli legal system
(2012)The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and ...
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