Interpreting the law in a mixed Jurisdiction : the professor vs. the judge-peers or rivals

Abstract

J.H. Merryman defines a legal tradition as a set of "deeply rooted historically conditioned attitudes about the nature of law, the role of law in the society and the political ideology, the organization and operation of a legal system."' He goes on to suggest that, whereas "a legal system is an operating set of legal institutions, procedures and rules . . . a legal tradition puts the legal system into cultural perspective."2 If one were to accept his arguments, it can be established that while each legal system is independent, which very often can be attributed to a political unit, there may be common denominators with other independent legal systems. Together, these independent systems may share a historic, cultural, or political ideology and can be described as forming a legal tradition.