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Beyond the usual suspects : application of the Mixed Jurisdiction methodology to public international law and international trade law

Chapter


Abstract


  • Comparativists sometimes study other comparable legal systems, hoping

    to discern lessons that may then be applied to their own legal systems.

    Thus, an American may become an expert on the English legal system, and

    then seek to apply some aspects of that system within America. Such an

    effort is generally thought to be legitimate, as both America and England

    are Common Law jurisdictions. Mixed Jurisdictions are similarly studied,

    often with the hope that lessons learned from those studies may be applied

    to other comparable legal systems - typically other Mixed Jurisdictions.

    Thus, a scholar from Sri Lanka may study the Scottish private law with a

    view to employing some lesson from that study within Sri Lanka - a sister-Mixed

    Jurisdiction. An American studying Mixed Jurisdictions, however,

    perhaps should come from Louisiana, otherwise any applications of the

    Mixed Jurisdiction jurisprudence to that scholar's home legal system may

    be considered somewhat suspect. But, as this Article will show, lessons

    derived from the study of Mixed Jurisdictions may, and should, be applied

    more broadly.

Publication Date


  • 2010

Citation


  • C. B. Picker, 'Beyond the usual suspects : application of the Mixed Jurisdiction methodology to public international law and international trade law' in E. Orucu(ed), Mixed Legal Systems at New Frontiers (2010) 303-328.

International Standard Book Number (isbn) 13


  • 9780854900701

Book Title


  • Mixed Legal Systems at New Frontiers

Start Page


  • 303

End Page


  • 328

Place Of Publication


  • London

Abstract


  • Comparativists sometimes study other comparable legal systems, hoping

    to discern lessons that may then be applied to their own legal systems.

    Thus, an American may become an expert on the English legal system, and

    then seek to apply some aspects of that system within America. Such an

    effort is generally thought to be legitimate, as both America and England

    are Common Law jurisdictions. Mixed Jurisdictions are similarly studied,

    often with the hope that lessons learned from those studies may be applied

    to other comparable legal systems - typically other Mixed Jurisdictions.

    Thus, a scholar from Sri Lanka may study the Scottish private law with a

    view to employing some lesson from that study within Sri Lanka - a sister-Mixed

    Jurisdiction. An American studying Mixed Jurisdictions, however,

    perhaps should come from Louisiana, otherwise any applications of the

    Mixed Jurisdiction jurisprudence to that scholar's home legal system may

    be considered somewhat suspect. But, as this Article will show, lessons

    derived from the study of Mixed Jurisdictions may, and should, be applied

    more broadly.

Publication Date


  • 2010

Citation


  • C. B. Picker, 'Beyond the usual suspects : application of the Mixed Jurisdiction methodology to public international law and international trade law' in E. Orucu(ed), Mixed Legal Systems at New Frontiers (2010) 303-328.

International Standard Book Number (isbn) 13


  • 9780854900701

Book Title


  • Mixed Legal Systems at New Frontiers

Start Page


  • 303

End Page


  • 328

Place Of Publication


  • London