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Mixed legal systems
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- Words:
- 5817
- Submitted:
- Fri Oct 09 2009
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... Introduction This paper seeks to make the case for considering if there truly are any "pure" legal systems in the world. It will first attempt to discuss different definitions of mixed legal systems, as well as an analysis of the different levels of mixedness. Subsequently, it will make a proposition, supported by the case studies of South Korea, Japan and the Philippines, of whether it is possible for a pure system of law to exist. Summarily, this paper seeks to propose that there will always be both pure and mixed legal systems in existence. Definitions The classic definition of a mixed system stems from F.P Walton: "Mixed Jurisdictions are legal systems in which the Romano-Germanic tradition has become suffused to some degree by Anglo-American law."1 Subsequently, a more modern definition developed from Robin Evans-Jones: "What I describe by the use of this term in relation to modern Scotland is a legal system which,
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