A Pluralist Approach to Mixed Jurisdictions

in European Journal of Comparative Law and Governance
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The paper claims that ‘mixity’ is an inherent quality of almost any legal systems, and not only of those that, for historical reasons, inherited legal features from the civil and common law traditions. From this ‘pluralistic’ point of view, all the experiences where Western legal models interact among themselves, or with religious, indigenous or customary laws, deserve to be included into the ‘mixed’ category. Such an approach reveals itself as a powerful cognitive tool to advance comparative knowledge about legal systems. In particular, it enables one to better understand: (a) the dynamism of any given legal system – be it national, sub-, or supra-national –; (b) the driving forces behind the penetration of ‘foreign’ elements in a given legal experience; and (c) the reasons for which there are variable degrees of resistance and/or resilience amidst the different layers a legal system is made of.

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