Article by Kenneth G.C. Reid
Although the idea of mixed legal systems can be traced back to the beginning of the twentieth century, it is only in recent years that it has acquired significant interest and support. This Article describes and evaluates the mixed legal systems movement. From its beginnings as an occasional term of comparative law, the idea of mixed systems became a means, within those systems, of resisting assimilation with Anglo-American common law. The leading figure in this neo-civilian campaign was T.B. Smith of Scotland. Much more recently, mixed systems have been seen both as a possible model for harmonization of civil law and common law in Europe and as a ready source of comparative material for the systems themselves. This Article considers the nature of the “mix” in the law of mixed systems and the possibilities for future development and cooperation.
About the Author
Kenneth G.C. Reid. Professor of Property Law, University of Edinburgh; Scottish Law Commissioner.
Citation
78 Tul. L. Rev. 5 (2003)