Browsing PER: 2012 Volume 15 No 3 by Title
Now showing items 2-7 of 7
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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 ... -
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 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 ...
