Article

Comparative Law and the Study of Mixed Legal Systems

Jacques Du Plessis

in The Oxford Handbook of Comparative Law

Published in print November 2006 | ISBN: 9780199296064
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199296064.013.0015

Series: Oxford Handbooks in Law

Comparative Law and the Study of Mixed Legal Systems

Preview

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, this label traditionally is only attached to those systems which represent a mix between the common law and the civilian tradition. This article focuses on what studies of mixed legal systems reveal about the broader comparative themes of the classification of legal systems, whether and how borrowing can take place, the quality of the law to which borrowing gives rise, the connection between civil law and the common law in the European context, and the role which language can play in comparative analysis and legal development.

Keywords: borrowed legal systems; Europe; legal development; common law; legal language

Article.  18115 words. 

Subjects: Law ; Comparative Law

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