This book contains four essays:
1. Judicial Importation into Maltese Law of Italian Private Law Solutions and Its Implications
2. Historical Facts and Myths surrounding the Criminal Code of Malta
3. Medieval (Legal) Beasts in our Midst? A Terminological Ad Fontes Look at the Dissolution of Contracts under Maltese Law
4. Latin Wine Decanted into a Semitic Carafe: The Obscure Term “Midheb” in Vassalli’s Lexicon and its Possible Usefulness for the Legal Historian
It is of interest not only to those analysing Maltese law, but also to those interested in Scots (Criminal) Law, British Imperialism, the translation of the Code Napoleon, Islamic Law, Jewish Law, and Maltese History.
|Product dimensions:||6.14(w) x 9.21(h) x 0.63(d)|
About the Author
Professor of History of Legislation and Legal Methodology
Table of Contents
About the Author
Foreword by Prof Raymond Mangion
Table of Cases
Table of Authorities
Judicial Importation into Maltese Law of Italian Private Law Solutions and Its Implications Inspiration
1. Italian judgments and Italian authors as a source of Maltese law
2. Implications of judicial importations
3. Not all friends are true: the Italian Civil Code
4. The same legislative bases
5. Dangers and obstacles in the use of foreign law
6. Summing up
Historical Facts and Myths surrounding the Criminal Code of Malta
1. Mediterranean constitutional workshops
1.1 The Anglo-Corsican Kingdom
1.2 The Sicilian Constitution
1.3 The United States of the Ionian Islands
2. Chronology of the 1854 Criminal Code’s genesis
3. Common Law versus Continental Law myth
3.1 Accusatorial procedure?
3.2 Trial by which jury?
3.3 As early as 1815?
3.4 The British liberal spirit?
4. Scots Law
4.1 Andrew Jameson
4.2 Scots Law and Roman Law
4.3 Roman Law in Malta
5. Attitudes and ideology
5.1 Different underlying philosophies
5.4 Power and prejudice
Medieval (Legal) Beasts in our Midst? A Terminological Ad Fontes Look at the Dissolution of Contracts under Maltese Law
2. Résolution and résiliation in French Law
3. The Code Napoléon and its Italian and Maltese reception
4. The translation of résolution and résiliation
5. Résiliement and résiliment
6. The implied resolutive condition
7. The Italian position and the Maltese scene
Appendix A: Résolution
Appendix B: Résiliation
Latin Wine Decanted into a Semitic Carafe: The Obscure Term “Midheb” in Vassalli’s Lexicon and its Possible Usefulness for the Legal Historian Preamble
1.1 Nothing to do with gold, in whichever quantity
1.2 It is a legal term
2. The meaning of the term
2.1 The Arabic word madhhab
2.2 The Hebrew word halakhah
3. Is “midheb” madhhab (or halakhah)?
4. Vassalli’s definition: Lex propria & privata
4.1 What is lex?
4.2 Ius, or, The Ancien Régime system
5. Back to Vassalli, back to midheb
5.1 Lex propria & privata
5.2 Was there an 18th-century non-Italianate Maltese legal terminology?
5.3 Could it be that midheb was coined by Vassalli himself?
6. Parting shot: a very brief comparison between the European-Christian legal mentality and the Islamic legal mentality
7. Conclusion: Latin wine, Semitic decanter