Mixed or pluralistic law

Legal English

What is it?

Mixed legal system - a legal structural community that combines

elements of two or more legal traditions/families. This phenomenon was the result of close interaction and influence of legal cultures of various ethnic groups.

The reasons for the legal pluralism of mixed legal systems:

1)consequence of events in political history

● Annexation ● Colonization

● Cession of territory

2)deliberate rapprochement with other legal systems

● Legislative borrowing ● Reception of law

Subgroups of mixed legal system

Текст слайда

02

adjacent mixed systems	local mixed subsystems

0

1local mixed subsyste

Examples: law of Quebec

-common law coexists with French law

-institute of trust property BUT the Roman system of private law

-French Civil Code

Examples: law of Louisiana

-remain a sphere of codified law

-Roman legislative technique

-civil, criminal, procedural codes

-Civil code which copied the French very accurately

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adjacent mixed

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Scandinavian law (Roman- Germanic features)

general legal concepts and individual institutions of Romano- Germanic law

01	02	03
the principle of		the absence of a
the rule of law		classical doctrine
		of precedent

Scandinavian law (similarities with the Anglo-Saxon legal family )

	law is not codified,
	there are
	intersectoral sets of
01	laws	03
	02
no division of law		giving the judiciary
into public and		broad discretion and
private		the right to interpret
		legal prescriptions