Legal transplantation’s contribution to the formation of mixed legal systems, and the paradigm of cyprus’ legal system as a ‘polyjural’ system

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Abstract

Legal transplantation has been a powerful process for a ‘foreign’ legal rule or an entire legal system to be either imposed or to be’willingly’ applied to the recipient legal system. This practice has been present for centuries and is perhaps a reason for the establishment of highly sophisticated legal systems from Roman law to the European Union’s legal order. Legal transplantation has given birth to the concept of mixed legal systems based on the symbiosis of, in most cases, civil and common law rules. Cyprus is a unique amalgamation of legal cultures that transcend the traditional boundaries of civil and common law jurisprudence. Thus, the concept of ‘hybridity’ comes into the foreground aiming at analyzing and, perhaps, solving the problems we are facing in our attempt to bridge the gap between civil and common law, state and non-state norms, positive and natural law, legal centralization and normative polycentricity.

Original languageEnglish
Pages (from-to)85-99
Number of pages15
JournalCyprus Review
Volume30
Issue number2
Publication statusPublished - 1 Sept 2018

Keywords

  • Cyprus’ legal tradition
  • European union law
  • Globalization
  • Hybridity
  • Legal transplantation
  • Mixed legal systems
  • Positive/natural law

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