Show simple item record

dc.contributor.advisorMcGonagle, Marie
dc.contributor.authorTwomey, Mathilda
dc.date.accessioned2015-09-25T15:09:34Z
dc.date.issued2015-09-22
dc.identifier.urihttp://hdl.handle.net/10379/5261
dc.description.abstractThis thesis is an exploration of the laws of Seychelles in terms of their genesis, evolution and status today. While all legal traditions are hybrids, so-called mixed legal systems where laws are explicitly the product of different traditions, provide a unique perspective on the process of the movements and mixing of laws. In the Seychellois national language, kreol, a métis is someone of mixed parentage. This métissage of race, culture and language is parallelled in its legal system. These small islands, in the middle of the Indian Ocean, colonised twice, combine French and English legal ideas in a non-Western setting. Recently, the world recession has brought new challenges in the form of a third wave of quasi colonisation with the bail out of struggling economies, including Seychelles, by financial bodies like the World Bank and the International Monetary Fund which, as part of the aid packages, impose homogenous common law style legislation. The research is a comparative analysis of the Seychellois legal tradition. Seychelles is also, given its small size, one of many micro-jurisdictions around the world. As with mixed systems, such small legal orders provide important information for general legal theory. The thesis adds to the understanding of both mixed and micro-jurisdictions, and as a result, allows a reconsideration of the relevance of both to comparative law. It permits an examination of the utility of contemporary legal taxonomies, rooted in Western experiences, to non-European, post-colonial jurisdictions. The Seychellois experience may have important lessons for legal transplantation, reception and harmonisation of laws as well as relevance for colonialism (including neo colonialism) and culture and for the viability and sustainability of such mixed systems of law.en_US
dc.subjectComparative lawen_US
dc.subjectMixed jurisdictionsen_US
dc.subjectMixed legal systemsen_US
dc.subjectLegal hybridityen_US
dc.subjectLegal transplantsen_US
dc.subjectDiffusionen_US
dc.subjectSeychellesen_US
dc.subjectLawen_US
dc.titleLegal métissage in a micro jurisdiction:the mixing of Common Law and Civil Law in Seychellesesen_US
dc.typeThesisen_US
dc.contributor.funderIRC and Hardimanen_US
dc.local.noteThis thesis is an exploration of the laws of Seychelles in terms of their genesis, evolution and status today. The Seychellois legal system is a hybrid, a mixed legal system where laws are explicitly the product of two different traditions. It provides a unique perspective on the process of the movements and mixing of laws.en_US
dc.description.embargo2016-09-18
dc.local.finalYesen_US
nui.item.downloads1333


Files in this item

Attribution-NonCommercial-NoDerivs 3.0 Ireland
This item is available under the Attribution-NonCommercial-NoDerivs 3.0 Ireland. No item may be reproduced for commercial purposes. Please refer to the publisher's URL where this is made available, or to notes contained in the item itself. Other terms may apply.

The following license files are associated with this item:

Thumbnail

This item appears in the following Collection(s)

Show simple item record