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  • Essay / How does Malta differ from traditional mixed courts...

    How does Malta differ from traditional mixed courts? If classical mixed jurisdictions are to be studied collectively, certain subgroups should be taken into consideration. Some would be mergers of common law and civil law, as in Scotland and the Seychelles; some of religious law, civil law and common law, like Israel; others with a mixture of the previously mentioned laws with an additional addition of socialist law and tribal law like Algeria; others, like Hong Kong, combine traditional Chinese law and socialist Chinese law, which itself embodies elements of civil tradition, etc. Other systems that have moved from the socialist sphere to the more civil tradition, such as Poland, experience constant mixing, with their legal systems searching for an identity. Jan Smits, “The Making of European Private Law: Towards a Ius Commune Europaeum as a Mixed Legal System”, demonstrates the growing interest in mixed systems in Europe today. Indeed, but in a broader context, the exercise concerns common law-civil law marriage. All legal systems are mixed, and continental systems are best understood as overlapping: remembering that there are no pure legal systems in the world. Having mentioned the previous examples, one of the most complicated intersections is that of the Maltese legal system. The Maltese Islands have experienced several cultures throughout history, namely the British Empire, the Arabs, the Aragonese among others. All this affected not only the language or way of life, but also the legal part of the islands. Even though Malta is considered a mixed legal system, there are still a number of differences that arise from this. A mixed legal system is a system that is just a middle of paper...it seems obvious. As Kenneth Anthony wrote in analyzing the legal complexity of his native St. Lucia, "mixed systems have not only an internal logic, but a history, a sociology, a psychology, and even a philosophy."BibliographyK.D. Anthony, The Identification and Classification of Mixed Systems of Law, in COMMONWEATH CARIBBEAN LEGAL STUDIES: A VOLUME OF ESSAYS TO COMMEMORATE THE 21ST ANNIVERSARY OF THE UNIVERSITY OF THE WEST INDIES LAW FACULTY (Gilbert Kodiinye and PK Menoon eds., 1992), 217H.D.Hazeltine, The study of comparative legal history, J.SOC'Y PUB. TEACHERS L. 27, 33 (1927)KEVIN AQUILINA, THE NATURE AND SOURCES OF THE MALTESE MIXED LEGAL SYSTEM: A STRANGE CASE OF DR. JEKYLL AND M. HYDE? Electronic Journal of Comparative Law, Vol. 12.1 (May 2008), HYPERLINK “http://www.ejcl.org” http://www.ejcl.org