BOOK: Cairns on Codification, Transplants and History

John Cairns (Edinburgh)'s Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866) (The Lawbook Exchange, 2015) is now available:

When Louisiana enacted its Digest of the Civil Laws in 1808 and Quebec its Civil Code of Lower Canada in 1866, both jurisdictions were in a period of transition economic, social and political. In both, the laws had originally been transplanted from European nations whose societies were in many ways different from theirs.


This book offers the first systematic and detailed exploration of the two new codes in light of social and legal change. Cairns examines the rich, complex, and varying legal cultures French, Spanish, Civilian and Anglo-American on which the two sets of redactors drew in drafting their codes. He places this examination in the context surrounding each codification, and the legal history of both societies.

Cairns offers a detailed analysis of family law and employment in the two codes, showing how their respective redactors selected from a defined range of sources and materials to construct their codes. He shows that they acted relatively freely, attempting to inscribe into law rules reflecting what they understood to be the needs of their society from an essentially intuitive and elite perspective. While not propounding a universal theory of legal development, Cairns nonetheless shows the types of factors likely to influence legal change more generally. xlv, 559 pp.

EDUCATION: Diploma in Law - Institute of Studies (Jersey)

Not sure a full law degree is for you? Why not consider a Diploma in Law. Find out more at: http://t.co/Jooda1U81k
— Institute of Law (@InstofLawJersey) January 14, 2014

JOURNAL - NEW!: European Journal of Comparative Law and Governance

Through an unusual arrangement with the World Society of Mixed Jurisdiction Jurists (WSMJJ), the new European Journal of Comparative Law and Governance has brought together some two dozen articles generated by the WSMJJ Congress in the summer of 2011.

As I write in my introduction to this collection, the Congress

reflected a thriving Society consolidating its core scholarship on classical mixed jurisdictions (Israel, Louisiana, the Philippines, Puerto Rico, Quebec, Scotland, and South Africa) while reaching to new horizons (including Cyprus, Hong Kong and Macau, Malta, Nepal, etc). The collection reflects the complexity of contemporary scholarship on mixed and plural legal systems.  

The articles are available here. They were originally published in several law journals across Europe, the United States, and Africa. Another five articles will be made available soon.

In future, the journal will publish print versions of its volumes. The journal

publishes top-level academic contributions in English that explore the phenomena of law and governance from a comparative perspective. It includes comparative studies from different fields of law and regulation as well as multi-disciplinary studies on societal governance issues. Comparative studies involving non-European countries are welcome when they deal with topics relevant also for European science and society. All contributions will be subject to double-blind peer review.

Have a look. 

-SPD

ARTICLE: Hatzimihail on Cyprus as a Mixed Legal System

One of our own, Nikitas Hatzimihail, has posted an article on SSRN. The article is on 'Cyprus as a Mixed Legal System' and the abstract reads:

This article attempts to provide a comparative lawyer’s introduction to Cyprus law, as well as a first examination of Cyprus law in the light of modern theories of comparative law, especially the mixed-jurisdictions sub-genre. It consists of three parts: a general historical overview, an examination of the administration of justice system (legal profession and court structure), and an evolutionary examination of the sources of Cyprus law (hierarchy of sources, legislation and case law).

The legal system of Cyprus - an independent country since 1960 and EU Member State since 2004 - both confirms and challenges the basic premises of mixed jurisdiction theory. Not unlike the "classic" mixed jurisdictions, the law of Cyprus is built on the twin foundations of common law and continental law, each in control of different legal subjects. Cyprus law is rather unique, however, among mixed legal systems, in the sense that it is private law (in most subjects) and criminal law that follow the English common law, whereas public law has a continental orientation. Ironically, almost all subjects are covered by comprehensive legislative instruments - colonial-era "codifications" of the common law, transplants of English statutes but also transplants of Greek law in continental enclaves. Procedural law is purely common law - a major factor in the mutation of the "continental" elements of the legal system. 

ARTICLE: Odinet on Contemporary Legal Reform, the Civil Law Tradition, and Changing Expectations

Christopher K Odinet has posted an article on Louisiana—‘The Anchor Effect: Contemporary Legal Reform, the Civil Law Tradition, and Changing Expectations’—on SSRN. The article is forthcoming in the (2014) 88 Tulane Law Review:

The struggle between making progress and preserving tradition is as old as time. On the one hand, progress is needed to move forward, to grow, to expand, to become more prosperous, and — perhaps most importantly — to prevent being left behind. On the other hand, tradition is what links us to our past, gives us a sense of history and roots, and creates a common culture that binds us all together. Louisiana law is no stranger to this struggle, and has been endeavoring to strike this perfect balance for much of its history. 

A great deal of Louisiana law is historically derived from the civil law tradition, whereas the rest of the United States follows that of the common law. As such, Louisiana is often referred to as a civil law island floating in a sea of common law jurisdictions. Nonetheless, the civil law heritage holds a special place in what makes Louisiana so distinctive, and efforts have been made over time to preserve and develop these legal treasures.

ARTICLE: Palmer on Civilian Methodology in Louisiana

I've only just been reminded--thanks to F-XL--that, earlier this year, Vernon Palmer published 'The Quest to Implant the Civilian Method in Louisiana: Tracing the Origins of Judicial Methodology' in the (2012-2013) 73 Louisiana Law Review 793. 

Palmer is the Founder and President of the World Society of Mixed Jurisdiction Jurists and a member of the Juris Diversitas Advisory Board. 

The article is the text of his 2011 'Tucker Lecture' at Louisiana State University Paul M Hebert Law Center.

BOOK: Brown on the Jersey Law of Trusts

The Jersey Law of Trusts 4th Edition by Harriet Brown

NOW PUBLISHED AND AVAILABLE 27th JUNE 2013

This long-awaited update to the leading publication on the law of trusts in Jersey offers the most comprehensive analysis available. It provides a consideration of the Trusts (Jersey) Law 1984 as it currently stands, and the case law which has been developed in the Jersey courts, particularly over the last twenty years. It is essential reading for trustees and those advising on, and litigating in relation to, Jersey trusts.

The new 4^th edition has been completely updated to incorporate all the key developments in this area since the last edition. Features of the 4^th edition include: