There are a handful of legal systems and jurisdictions that have adopted a hybrid or mixed approach.
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EMBRACING A MIXED
LEGAL SYSTEM
These hybrid legal systems can
be observed in countries such
as Scotland, South Africa and Sri
Lanka, among others. Moreover,
these systems can also be utilised
in other circumstances such as
European private law.
Identifying a Mixed
Legal System
Mixed legal systems containing
elements of both common and ci-
vil law are often free from religious
influence. It is also straightforward
to identify legal systems that are
genuinely mixed; examples of this
can be found in American states
that may be classed as one or
the other but have jurisdictional
processes that feature elements of
both systems.
The reasons behind the adoption
of these mixed approaches can be
due to proximity to other coun-
tries and jurisdictions, as well as
historical influences. This can be
seen in Louisiana, for example;
with the state subject to French
and Spanish laws throughout
history, the state’s legal evolution
has been shaped by both common
and civil law.
Mixed legal systems containing elements of
both common and civil law are often free
from religious influence.
While it is far more common for countries and individual states
to follow either civil or common law systems, there are a
handful of legal systems and jurisdictions that have adopted
a hybrid or mixed approach. Achieving a mixed legal system is
possible when marrying both civil and common law, contrary to
the long-held belief that it should be one or the other.