Mixed Jurisdictions World Wide 2200-1S259-ERA
1. Introduction. What is legal tradition?
(legal traditions in general; chthonic tradition; European tradition: creation of civil law tradition and its subtraditions; creation of common law; mixed jurisdiction)
2. Mixtures and harmonization of civilian subtraditions
(rise of comparative law; harmonization attempts; “eclectic” civil codes of the 20th century; Europeanization)
3. The special case of Poland
(broken continuity; forced reception of civil codes; “three unequal halves” and comparative thinking; shadow of the USSR; Civil Code of 1964)
4. Civil Code and Islam: the case of Turkey
(Islamic legal tradition; Young Turk Revolution; reception of the ZGB)
5. Mixed jurisdiction: classical case of Scotland
(“Auld Alliance”; Scottish civilian tradition; Union and common law; codification attempts)
6. Mixed jurisdiction in South Africa
(origins and development of Roman-Dutch law; creation of Kaapprovinsie; impact of Boer Wars; Roman law as a living tradition; presence of chthonic laws)
7. Mixed jurisdiction in the USA: Louisiana
(French colony and Costum of Paris; Spanish period and influence; American purchase; Louisiana’s codification tradition; present mixed jurisdiction)
8. Mixed jurisdiction in Canada: Quebec
(New France; British conquest; civilian tradition and code; separatism)
9. Mixed jurisdiction in the Middle East: Israel
(Turkish legal tradition; British mandate and common law influence; codification proposal)
10. Codified mixture of French and English law: Seychelles
(Islamic tradition; French colony and Code Napoleon; British overtaking; the most comparatistic civil code?)
11. India: Hindu and Islamic tradition plus common law
(Hindu legal tradition; Islamic influence in the Subcontinent; British conquest; Empire of India; Indian common law and traditional institutions)
12. Lusophone India
(Portuguese exploits and conquests; Portuguese India; civil law in Goa, Daman and Diu)
13. Confucius and civil law: RC and PRC
(Chinese legal tradition; European influence in the 19th century; Chinese Code of 1929; faith of the civil law under communism; Draft Civil Code of the PRC)
14. Confucius and civil law: Macau
(Portuguese exploits in the Far East; Chinese and civil law traditions; Civil Code of Macau)
15. Confucius and common law: Hong Kong and Singapore
(British lease and British colony; Chinese tradition and common law; importance as centres for legal studies)
Type of course
Mode
Prerequisites (description)
Course coordinators
Learning outcomes
Knowledge:
students will become acquainted with the theory of legal traditions and will acquire knowledge of certain examples of legal systems where the traditions are being mixed. They will be able to point out what political and economical factors lead to creation of mixed legal systems.
Skills:
students will gain and develop research skills, especially in the fields such as history of law and comparative law. They will also familiarize with the comparative law as a method and will be able improve their writing and presentation skills.
Assessment criteria
Students will be assessed individually on the basis of attendance and final individual prove of acquired skills and knowledge. They will be able to choose an oral exam or preparation of a short essay or an electronic presentation concerning a chosen topic accepted by the lecturer.
Bibliography
Students are strongly encouraged to become acquainted with the book of professor H. Patrick Glenn “Legal Traditions of The World” (Oxford 2010). Additional literature, concerning specific topics, will be provided during the lecture.
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: