Globalisation v glocalisation : no contest; legal comparison, mixed legal systems and legal pluralism
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Date
Authors
Nicholson, C.M.A. (Caroline Margaret Anne), 1960-
Journal Title
Journal ISSN
Volume Title
Publisher
Institute for Foreign and Comparative Law, UNISA
Abstract
In this article the value of taking a less traditional approach to mixed legal systems, legal comparison, and a global perspective is being explored. The use of value-pluralism in comparative research to enhance harmonisation of laws is explained and its relevance to the South African context established. The article first deals with the theoretical basis for the views expressed. This introduction is followed by a brief overview of the South African legal system as a mixed legal system and an exploration of the approaches to the classification of legal systems. The article concludes with comments on the objectives of globalisation, value-pluralism, and harmonisation of laws.
Description
Keywords
Legal pluralism, Glocalisation, Legal comparison, Mixed legal systems
Sustainable Development Goals
Citation
Nicholson, CMA 2012, 'Globalisation v glocalisation : no contest; legal comparison, mixed legal systems and legal pluralism', Comparative and International Law Journal of Southern Africa, vol. 45, no. 2, pp. 258-274.