Description
Book SynopsisA comparative study of the 'mixed jurisdictions' of Scotland and Louisiana.
Trade ReviewThis is an impressive and extremely valuable contribution not only to the study of the law of mixed jurisdictions, but also of comparative law in general. Mixed jurisdictions are veritable comparative-law laboratories in continuous operation. A comparison of two such laboratories, when done with the insight, depth and sophistication that characterize this book, is a marvelous gift to comparatists and legal historians around the world. -- Symeon C. Symeonides, Dean and Alex L. Parks Distinguished Professor of Law, President, American Society of Comparative Law Fifty years ago, mixed legal systems would reach out to one another feeling embattled and lonely, as if banding together would stave off their otherwise inevitable juridical demise. Today, legal sources are increasingly recognized as mixed in nearly all jurisdictions and, as a result, places like Louisiana and Scotland are no longer seen as isolated or exotic. This book is thus doubly important: first, as comparative study of private law in Louisiana and Scotland and, second, as a work that helps explain the reconfiguration - real or imagined - of legal traditions elsewhere in this age of globalization. -- Nicholas Kasirer, McGill University This is an impressive and extremely valuable contribution not only to the study of the law of mixed jurisdictions, but also of comparative law in general. Mixed jurisdictions are veritable comparative-law laboratories in continuous operation. A comparison of two such laboratories, when done with the insight, depth and sophistication that characterize this book, is a marvelous gift to comparatists and legal historians around the world. Fifty years ago, mixed legal systems would reach out to one another feeling embattled and lonely, as if banding together would stave off their otherwise inevitable juridical demise. Today, legal sources are increasingly recognized as mixed in nearly all jurisdictions and, as a result, places like Louisiana and Scotland are no longer seen as isolated or exotic. This book is thus doubly important: first, as comparative study of private law in Louisiana and Scotland and, second, as a work that helps explain the reconfiguration - real or imagined - of legal traditions elsewhere in this age of globalization.
Table of ContentsPreface; List of Contributors; List of Abbreviations; Table of Cases; 1. Praedial Servitudes, Kenneth G C Reid; 2. Title Conditions in Restraint of Trade, John A Lovett; 3. Servitudes: Extinction by Non-Use, Roderick R M Paisley; 4. Inheritance and the Surviving Spouse, Ronald J Scalise Jr; 5. Ownership of Trust Property in Scotland and Louisiana, James Chalmers; 6. The Legal Regulation of Adult Domestic Relationships, Kenneth McK Norrie; 7. Impediments to Marriage in Scotland and Louisiana: An Historical - Comparative Investigation, J-R Trahan; 8. Contracts of Intellectual Gratification - A Louisiana-Scotland Creation, Vernon Valentine Palmer; 9. The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law, Laura Macgregor; 10. Hunting Promissory Estoppel, David V Snyder; 11. Unjustified Enrichment, Subsidiarity and Contract, Hector L MacQueen; 12. Causation as an Element of Delict/Tort in Scots and Louisiana Law, Martin A Hogg; 13. Personality Rights: A Study in Difference, Elspeth Christie Reid.
