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Article The ’Mixed Systems’ of the Arab Middle East
Authors Foster N.
Name of magazine Scientific-practical professional journal «Comparative Law»
(Ukrainian language)
Issue 3-4 / 2012
Pages 283 - 298
Annotation This paper provides an overview of the history of civil and commercial law in one group of mixed jurisdictions which, to the knowledge of the author, have never or hardly ever been studied as such, the Arab Middle East, concentrating on those systems influenced by 19th century legal transformation in the Ottoman Empire and Egypt. After an account of some basic concepts, the paper looks briefly at the classical period and then at legal change. It moves on to consider the results of the changes with regard to some characteristics of mixed jurisdictions. The paper concludes with some a few thoughts concerning legal transplants and legal pluralism in the region and the relevance for mixed jurisdiction and more general comparative law categorisation of the history.
Keywords mixed jurisdiction, legal transplant, Muslim law, legal pluralism.
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