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Question: “[A]ll legal systems are mixed. There are no exceptions. Only the ways of mixing and character of the ensuing mixtures are different” (E. Örücü, ‘A General View of ‘Legal families’ and of ‘Mixing Systems’’ in E. Örücü and D. Nelken (Eds.), Comparative Law: A Handbook, 2007).

Critically discuss this statement.

Mark 87.5% (A) - Comparative Law 2nd Year LLB

Answer: Traditionally, when classifying legal systems, the category of mixed legal systems was viewed as an anomaly and limited to legal systems which were strongly influenced by both common and civil law. Well-known examples were the legal systems of Scotland and Louisiana. However there has been a growing propensity to criticise this categorisation as too narrow and Eurocentric. Mixed legal systems have now been defined as hybrid legal systems that ‘embody’, ‘combine’ or are ‘shaped’ by elements of different legal families. This new definition encompasses a much broader range of legal systems, and it will be argued that, in fact, it covers all legal systems. The main differences amongst mixed systems reside in the various interactions between the components that constitute each s......(short extract)

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Details: - Mark: 88% | Course: English Legal System | Year: 2nd/3rd | Words: 3351 | References: Yes | Date written: January, 2016 | Date submitted: November 17, 2017 | Coursework ID: 1034

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