Essay on In What Ways does Malta Differ from the Classical Mixed Jurisdictions?

Essay on In What Ways does Malta Differ from the Classical Mixed Jurisdictions?

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In what ways does Malta differ from the classical mixed jurisdictions?

If classical mixed jurisdictions are to be studied collectively, certain sub-groups would need to be taken into consideration. Some would be amalgamations of common and civil law, such as Scotland and Seychelles; some of religious law, civil law and common law, such as Israel; some others with a mix of the previously mentioned laws with a further addition of socialist law and tribal law such as Algeria; others, such as Hong Kong, that combine traditional Chinese law and socialist Chinese law, which itself embodies elements of the civilian tradition and so on. Other systems which have shifted from the socialist sphere to the more civilian tradition, such as Poland, experience an ongoing mixture, with their legal systems looking for an identity.
Jan Smits' ‘The Making of European Private Law: Towards a Ius Commune Europaeum as a Mixed Legal System’, manifests the increasing interest in mixed systems in Europe today. Indeed, though in a larger context, the exercise involves common law-civil law marriage.
All legal systems are mixed, and continental systems are better understood as overlaps : a reminder that there are no pure legal systems in the world. Having mentioned the previous examples, one of the more complicated crosses, is none but the Maltese legal system.
The Maltese islands have experienced several cultures throughout history, namely the British Empire, the Arabs, the Aragonese amongst others. All of these effected not only the language or the way of living but also the legal segment of the islands. Eventhough Malta is considered as a Mixed Legal system, there are still a number of differences which ensue.
A mixed legal system is one which is b...


... middle of paper ...


...uld seem obvious.


As Kenneth Anthony wrote when anayzing the legal complexity of his native St Lucia,
"mixed systems have not only an inner logic, but a history, a sociology a psychology, and indeed a philosophy".


Bibliography

K.D. Anthony, The identification and classification of Mixed Systems of Law, in COMMONWEATH CARIBBEAN LEGAL STUDIES: A VOLUME OF ESSAYS TO COMMEMORATE THE 21ST ANNIVERSARY OF THE FACULTY OF LAW OF THE UNIVERSITY OF THE WEST INDIES (Gilbert Kodiinye & P.K. Menoon eds., 1992), 217
H.D.Hazeltine, The Study of Comparative legal History, J.SOC'Y PUB. TEACHERS L. 27, 33 (1927)
KEVIN AQUILINA, THE NATURE AND SOURCES OF THE MALTESE MIXED LEGAL SYSTEM: A STRANGE CASE OF DR. JEKYLL AND MR. HYDE?

Electronic Journal of Comparative Law, vol. 12.1 (May 2008), HYPERLINK "http://www.ejcl.org" http://www.ejcl.org











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