Globalisation v glocalisation : no contest; legal comparison, mixed legal systems and legal pluralism

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.