Essays in Maltese Legal History and Comparative Law: Volume 1

Essays in Maltese Legal History and Comparative Law: Volume 1

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Overview

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 Details

ISBN-13: 9781912142019
Publisher: Whitelocke Publications
Publication date: 04/03/2017
Pages: 200
Product dimensions: 6.14(w) x 9.21(h) x 0.63(d)

About the Author

Mark A. Sammut, a member of the Royal Historical Society, the European Society for Comparative Legal History, and of the Malta Historical Society, studied law and translation studies at the University of Malta (LL.D., M.Jur. (summa cum laude), M.A.), Western European legal history at the University of London (LL.M.), and historical sociology at the London School of Economics.

Professor of History of Legislation and Legal Methodology

Table of Contents

About the Author

Foreword by Prof Raymond Mangion

Acknowledgements

Table of Cases

Table of Authorities

Introduction

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

5.2 Attitudes

5.3 Ideology

5.4 Power and prejudice

Conclusion



Medieval (Legal) Beasts in our Midst? A Terminological Ad Fontes Look at the Dissolution of Contracts under Maltese Law

1. Introduction

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

8. Conclusion

Post-Script

Appendix A: Résolution

Appendix B: Résiliation

Appendix C



Latin Wine Decanted into a Semitic Carafe: The Obscure Term “Midheb” in Vassalli’s Lexicon and its Possible Usefulness for the Legal Historian Preamble

Premise

1. Introduction

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

Bibliography

Index

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