Hybrid Legal Systems in the Caribbean: A Comparative Analysis of Saint Lucia and Guyana - | Summaries Law

Things to do as a self reﬂection but this brieﬂy so you have a sense of what is going on in saint lucia

and gianna in particular i'm sorry st lucia in particular and diana moore so alright so i is there

existence of the tradition is such their distinguishing characteristics that is deserving of a separate

classiﬁcation or is it African place in a more traditional classiﬁcation or is it merely a transitory

process enroute to becoming a more optimized optical system internationally is the hybrid nature

of the system itself permanent or enduring world so essentially what we're trying to ﬁgure out in this

lecture and really when we are looking at hybrid systems is whether the hybrid ecosystems are

something that are permanent in the Caribbean or is it something that's passing the case or will

these legal systems become their own separate legal system with Warrington their own

classiﬁcations so let me talk about hybrid we're talking with the mix of civil law and common law

and you get that in Saint Lucia and you get that in Diana the new show more so than Guyana and

and what you can do you can look to chapter let me just ﬁnd chat to make sure chapter 4 in your

was made by Antoine deals with dehydration or systems of solution that starts on page 50 hate and

her assertion is not you know as I said not all legal systems are so easily classiﬁed as either civil or

common law and you can have this idea of hybrid legal systems and whether we are moving to

something else or whether they deserve their own separate structure I am not really examined

hydrated legal systems in a very very long time and it's not an area that examined that doesn't mean

that you put away or hide and stop breaking into stop making noise it's not something that exactly

so really I I just want you to appreciate it for what it is because it's on the syllabus but we have to get

it but I'm not necessarily going to give you hard questions on it it may pop up in the most choice

because it's something that we've done but it's not going to come on European turn out I mean you

could trust me on these things I'm sure that's one thing people told me if I tell you something's

coming it's coming from God I don't do surprises I'm going to trick you or my head control and I said

ohh and then all of a sudden you're fasting my time waste your time you're right a lot of wrapping

paper I have to wear a table with Christmas I really don't want that I just want to enjoy right now are

we heading towards Christmas anyway so ﬁrst classiﬁcation in determining taxonomy of mixture

distinctions is asking whether a mixed system and this is the other term that we're going to see in

the literature hybrids mixed you know systems and and you have the civil law tradition private law

and common law in constitutional procedure and the pressure is it about instead of people or

receive equations for dierent routes and then you have the idea that the purists that you know who

would believe that the systems are supposed to be separate even if that there is one particular

geographical area of jurisdiction no kidding anthonys classiﬁcation this is this isn't vote and you

have kidneys suggests that we established the foreign elements of a legal system where we're trying

to ﬁgure out what type of legal system or whether it's hybrid or mixed or whatever it is and he says

we can look at these dierent areas So what he was but this is basically a concept or conceptual

lens by which when you see a legal system these are the things that you can look at to determine

what that legal system is about you can look at the infrastructure so you look at the foundations you

can look at the norms the actual rules of the legal system you can look at the methodology

principles reasons we discovery application of rules you can attack the legal style how are these

things expressed you can look at the values which underpin the legal system the foreclosure with

sustained the legal system and he says he is determined the beliefs about the system itself and a

hybrid system may be identiﬁed if you examine all of these dierent elements and you recognize

one or more from dierent legal traditions so our cultures or types so it can't please view is that you

can use this grid this classiﬁcation pattern look at the legal system and if you can spot legal norms

Partial preview of the text

Download Hybrid Legal Systems in the Caribbean: A Comparative Analysis of Saint Lucia and Guyana - and more Summaries Law in PDF only on Docsity!

Things to do as a self reflection but this briefly so you have a sense of what is going on in saint lucia and gianna in particular i'm sorry st lucia in particular and diana moore so alright so i is there existence of the tradition is such their distinguishing characteristics that is deserving of a separate classification or is it African place in a more traditional classification or is it merely a transitory process enroute to becoming a more optimized optical system internationally is the hybrid nature of the system itself permanent or enduring world so essentially what we're trying to figure out in this lecture and really when we are looking at hybrid systems is whether the hybrid ecosystems are something that are permanent in the Caribbean or is it something that's passing the case or will these legal systems become their own separate legal system with Warrington their own classifications so let me talk about hybrid we're talking with the mix of civil law and common law and you get that in Saint Lucia and you get that in Diana the new show more so than Guyana and and what you can do you can look to chapter let me just find chat to make sure chapter 4 in your was made by Antoine deals with dehydration or systems of solution that starts on page 50 hate and her assertion is not you know as I said not all legal systems are so easily classified as either civil or common law and you can have this idea of hybrid legal systems and whether we are moving to something else or whether they deserve their own separate structure I am not really examined hydrated legal systems in a very very long time and it's not an area that examined that doesn't mean that you put away or hide and stop breaking into stop making noise it's not something that exactly so really I I just want you to appreciate it for what it is because it's on the syllabus but we have to get it but I'm not necessarily going to give you hard questions on it it may pop up in the most choice because it's something that we've done but it's not going to come on European turn out I mean you could trust me on these things I'm sure that's one thing people told me if I tell you something's coming it's coming from God I don't do surprises I'm going to trick you or my head control and I said ohh and then all of a sudden you're fasting my time waste your time you're right a lot of wrapping paper I have to wear a table with Christmas I really don't want that I just want to enjoy right now are we heading towards Christmas anyway so first classification in determining taxonomy of mixture distinctions is asking whether a mixed system and this is the other term that we're going to see in the literature hybrids mixed you know systems and and you have the civil law tradition private law and common law in constitutional procedure and the pressure is it about instead of people or receive equations for diƯerent routes and then you have the idea that the purists that you know who would believe that the systems are supposed to be separate even if that there is one particular geographical area of jurisdiction no kidding anthonys classification this is this isn't vote and you have kidneys suggests that we established the foreign elements of a legal system where we're trying to figure out what type of legal system or whether it's hybrid or mixed or whatever it is and he says we can look at these diƯerent areas So what he was but this is basically a concept or conceptual lens by which when you see a legal system these are the things that you can look at to determine what that legal system is about you can look at the infrastructure so you look at the foundations you can look at the norms the actual rules of the legal system you can look at the methodology principles reasons we discovery application of rules you can attack the legal style how are these things expressed you can look at the values which underpin the legal system the foreclosure with sustained the legal system and he says he is determined the beliefs about the system itself and a hybrid system may be identified if you examine all of these diƯerent elements and you recognize one or more from diƯerent legal traditions so our cultures or types so it can't please view is that you can use this grid this classification pattern look at the legal system and if you can spot legal norms

from two diƯerent systems or three diƯerent systems or if you can spot legal styles that are coming from diƯerent systems you are on your way to understand or recognizing that it may be a hybrid or some big system because it has elements from diƯerent systems that's all hyperspace right very you know sounds complex but really that's all it is it is the mixing of diƯerent legal systems functioning as one legal system and as I said that our perfect example so walk is a hybrid or mixed legal system there are diƯerent definitions you have several diƯerent legal traditions whose contributions to recipient legal system is individually discernible so the argument is that you're able to see within that legal system for example the civil law traditions or as the company law traditions or you can have a seat somewhere diƯerent definition mixtures situations for those entities basically that have been that have been under pressure from the Anglo American common law and our part overlaid by a rival system of jurisprudence so the view is that you have one legal system and then you put another ecosystem over that and there's pressure from that one legal system for the young lady system to conform but within that you're producing something you as a hybrid or immense ecosystem makes ecosystems of the world you have civil law and criminal law the rich is what we focus on here because of our culture and our history of realism and savory very British and French really so those two systems combining and in can be able to create our hybrids so these are examples involve tested shelves Cypress cabaret technician Diana Quebec Puerto Rico and so forth that you have mixed systems with customer religious indigenous finally to Israel Turkey named as Islamic ecosystem and so forth now history of the systems in the Caribbean and I'm just going to do a quick cancer through this we have already settlement of people you have 7th century plans In terms of what people are using in terms of the court system judges were English training of lawyers and common law and you had the federal Court of Appeal and and then you had the view here we'll see because they're going back and forth some of the lawyers will utterly ignorant of the French language they didn't have any idea of what we should support don't forget that we should have been French we had a Civil Code then switched over to English meaning that they were moving to cover law they switched back and back and forth and back and forth now there was this idea of convergent or qualification and you had the qualification of civil law is that Russia and quebec's civil war was translated to to English so there's a view that is sometimes you want to understand this little corner of Saint Lucia or you need to understand its origins you actually look to Quebec because what is in Saint Lucia was a from Quebec and then this view here of the dismantling of the civil law and legal elements so this is important here in terms of you had the federalization of the midway islands through the OCS and most of the OCS countries are long countries legal qualifications So what we do here we train you as county lawyers you're not trained in the civil law tradition so as I said before those of you who are for the solutia when you when you go back to Saint Lucia you're gonna literally you're training in Saint Lucia in terms of your I think you do well in terms of like uploaded by New York the junior lawyer that's when you will learn the law of technician because you would appreciate the civil codes and how it works and it works very diƯerent to our to our people have taught you here at UE and what you will learn how you would fortunately or unfortunately we do not you gotta teach or get in to to the server port and I'm really with the view that the way that we teach you law and what we are doing here we are in fact dismantling the Civil Code because we're forcing you all to become public lawyers and and in that way really you are you're moving away from the Civil Code but the fact is Saint Lucia over the years has managed to

judge made from his state in a plain English common law of consideration instead of The meaning of calls or consideration on the civil law so the the the view of how to form a contract is diƯerent in civil law as opposed to as opposed to a common law and the view here was that the judge did not apply the civil law understanding of contractual formation and he tried to apply the English law understanding for contract formation now the particular article and if that's on page 966 of your your balance for your particular article reads that the just really here for you that the subjects and provisions of this article along England relating to contracts it shall extend our however as follows the English doctrine of consideration shall not apply to contracts government law colonies and the term consideration shall have the meaning. Assigned the term consideration where use of respect to contract should continue to mean cause or reason for entering into the contract or a current obligation and consideration but either the onerous or fortuitous so the concept really without getting into it is diƯerent and similar as opposed to common law and and in this particular case the judge tried to apply the English law comes out of consideration and the courts basically said you are wrong and and that created some tension in between no maintaining maintaining um the link the influence of Quebec law there's some other cases here that you can you can look at prosperity Frederick and this case makes the point or a point so the reference to Trend Micro trend interpret the Civil Code of Saint Lucia you should look to the server port of Cuba so that's essentially what this case is trying to trying to say if you're an adult about what the supporters that we should say as a matter of interpretation seek guidance from the general civil courts of Quebec and France so as I said this is a support cancer what is the future hold for civil law and home alone in sin in terms of Saint Lucia and what should we be doing is the OCS as a concept destroying our civil law traditions because force quit trees our how long is carried on part of the dismantling if you like of the hybrid system that we have in Saint Lucia because most countries again are common law countries or as you can see the expansion of curriculum to Haiti and Suriname where your brain in French and Dutch speaking countries which would mean they're bringing the civil law traditions will they have an influence in terms of our legal traditions for justice from the Caribbean Court of Justice there you will see justice richard justice relates to how international law comeswas a Dutch international lawyer justice wigs on the banks of and if I incorrectly justice wait I'll tell you the second no longer in the banks and he has been replaced but he is not being replaced by a so he was the only civil law judge on the domain and he has retired he retired from the banks and and they obviously he passed away recently but justice red was the only civil law justice on the target for justice and his decisions reflected so with our traditions it was very evident in the way he approached the law so his physical presence that the person brought the civil law with him and that his death out of the bands i do not believe that the other lawyers appointed were civil lawyers so i what's the weather for countries that makes western systems seem not to have a temporary national forests and their marker in the past to travel or market that because hydrologists may use if you should describe what existed because we feel that there's something unique about our legal system I would like to continue our journey along new paths that will lead us to new parties very confronting materials to build another niche and not another niche for the struggling edifice so there's this view that despite diƯiculties despite tensions between civil law and covered law has experienced any delay for example to help your case you've got these so the this hybrid or these mixed jurisdictions oƯer a richness to Caribbean law and Caribbean jurisprudence and the view is

that countries with mixed the traditions should continue along that path and Vincent creating their own unique form of law so that's it we should continue having this strong civil law tradition mixing with the common law to create something special That is unique to Saint Lucia and unique to the Caribbean or there is a view that really St. Lucia should conform to the rest of the Caribbean conform its traditions to cover large traditions and push the the civil war traditions further and further out no but I think there's a pro tradition of civil law in Saint Lucia and they want to pull that mixture and that being able to create their ability if you like is this quote is saying you know those without tradition want to continue along that path and creating new jobs 1st we think about how is it that exist in the western days makes legal systems have come about and we know that there's a historical violence and terror and then second how have some of the conditions that help forge our systems being reaƯirmed and why would they survive to leave the questions that you have to ask yourself you determine do you want to hold on to this hybrid culture because there's a reason you have to either culture it is because of slavery colonialism violence and terror against the equal question is if you want to hold on to come along because that's the same reason that you're common law jurisdiction wake up one morning and come from the larger sections again so both systems have their their issues whether you are pure common law or whether you are mixed in terms of public and civil law this goes back to the question about whether we own our own legal systems and what does that ownership look like how do we take kind of something that was an act of brutality and violence how you know so that's a big injury question or are we need more discussions the second point here is how have some of the conditions to help forge our legal systems being reaƯirmed on why do they survive so why do we can do some of the things that we do is it out of respect for tradition is it out of a sense of what sort of trends I don't want to say bring in Washington right away no you're maintaining a legacy that before the point you don't want just releasing this statement you just you just keep doing the same things over and over and over and over we believe that programming yeah I guess that's the best I tried to print the word like yeah so we're we're slavery is done such enough savings does such a number on us and colonialism we don't even know how to how to break the traveler so we just do it over like you know even even our legal dress like it's 38° outside why are we still worried about this why do some country events they have wings I don't like some some things that we just keep doing and and and we don't know why we're doing them or we just we're just doing the I mean just ended up so why are we holding on to somebody's legacy why are they surviving and then the other question is how would these conditions eradicated elsewhere therefore allowing us to see beyond the cultural limits of our world and other jurisdictions where we may find that this third legal family is common or there are other systems and 4th safe legal filings and new tradition with legitimate claims to be collected as part of the settlement out so can we be part of something bigger and how do we do that how do we break out of whether it is this raises the bigger question whether we are civil law or common law or handbrake doesn't break the systems that have been received or force others how do we create something new that is truly our own that truly care being perfect who we are as a people and that's the question i believe you and do you even know who we are as

Hybrid Legal Systems in the Caribbean: A Comparative Analysis of Saint Lucia and Guyana - , Summaries of Law

Related documents

Partial preview of the text

Download Hybrid Legal Systems in the Caribbean: A Comparative Analysis of Saint Lucia and Guyana - and more Summaries Law in PDF only on Docsity!