(in Polish) Mixed Jurisdictions Worldwide

elective courses

Students attending the lecture should have a basic knowledge in European legal history, especially in the history of private law, as well as in contemporary private law of their own countries. Wide and deep knowledge of the world’s history is also desirable.

Classroom

The lecture focuses on presenting and analysing legal systems which display features that allow to classify them as mixed. Such systems have occurred within the European legal tradition, resulting from mixing the subtraditions of common law and civil law, and also in various places where European influence has encountered local legal traditions. The lecture stresses the historical factors that resulted in forming of mixed legal systems and traditions and manages to introduce an idea of their unique quality as working material for legal scholars who wish to compare legal systems of modern world.

1. Introduction. What is legal tradition?

(legal traditions in general; chthonic tradition; European tradition: creation of civil law tradition and its subtraditions; creation of common law; mixed jurisdiction)

2. Mixtures and harmonization of civilian subtraditions

(rise of comparative law; harmonization attempts; “eclectic” civil codes of the 20th century; Europeanization)

3. The special case of Poland

(broken continuity; forced reception of civil codes; “three unequal halves” and comparative thinking; shadow of the USSR; Civil Code of 1964)

4. Civil Code and Islam: the case of Turkey

(Islamic legal tradition; Young Turk Revolution; reception of the ZGB)

5. Mixed jurisdiction: classical case of Scotland

(“Auld Alliance”; Scottish civilian tradition; Union and common law; codification attempts)

6. Mixed jurisdiction in South Africa

(origins and development of Roman-Dutch law; creation of Kaapprovinsie; impact of Boer Wars; Roman law as a living tradition; presence of chthonic laws)

7. Mixed jurisdiction in the USA: Louisiana

(French colony and Costum of Paris; Spanish period and influence; American purchase; Louisiana’s codification tradition; present mixed jurisdiction)

8. Mixed jurisdiction in Canada: Quebec

(New France; British conquest; civilian tradition and code; separatism)

9. Mixed jurisdiction in the Middle East: Israel

(Turkish legal tradition; British mandate and common law influence; codification proposal)

10. Codified mixture of French and English law: Seychelles

(Islamic tradition; French colony and Code Napoleon; British overtaking; the most comparatistic civil code?)

11. India: Hindu and Islamic tradition plus common law

(Hindu legal tradition; Islamic influence in the Subcontinent; British conquest; Empire of India; Indian common law and traditional institutions)

12. Lusophone India

(Portuguese exploits and conquests; Portuguese India; civil law in Goa, Daman and Diu)

13. Confucius and civil law: RC and PRC

(Chinese legal tradition; European influence in the 19th century; Chinese Code of 1929; faith of the civil law under communism; Draft Civil Code of the PRC)

14. Confucius and civil law: Macau

(Portuguese exploits in the Far East; Chinese and civil law traditions; Civil Code of Macau)

15. Confucius and common law: Hong Kong and Singapore

(British lease and British colony; Chinese tradition and common law; importance as centres for legal studies)

Students are strongly encouraged to become acquainted with the book of professor H. Patrick Glenn “Legal Traditions of The World” (Oxford 2010). Additional literature, concerning specific topics, will be provided during the lecture.

Knowledge:

students will become acquainted with the theory of legal traditions and will acquire knowledge of certain examples of legal systems where the traditions are being mixed. They will be able to point out what political and economical factors lead to creation of mixed legal systems.

Skills:

students will gain and develop research skills, especially in the fields such as history of law and comparative law. They will also familiarize with the comparative law as a method and will be able improve their writing and presentation skills.

Students will be assessed individually on the basis of attendance and final individual prove of acquired skills and knowledge. They will be able to choose an oral exam or preparation of a short essay or an electronic presentation concerning a chosen topic accepted by the lecturer.