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Title: The mixed legal system of Saint Lucia : its establishment and decline
Author: Anthony, Kenny Davis
ISNI:       0000 0004 2740 5091
Awarding Body: University of Birmingham
Current Institution: University of Birmingham
Date of Award: 1988
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This thesis traces the establishment and decline of the mixed legal system of Saint Lucia. It is argued that the gradual abandonment of aspects of the island's civilian heritage, and its replacement by the English Common Law, is explained, primarily, though not exclusively, by the anglicisation of the island's legal culture, economy, politics and society. Part One is concerned with the historical evolution of the legal system. In Chapter 1, it is argued that mixed systems are recognisable as distinct systems of law with their own juridical personality and are fully capable of being classified as independent of, but related to, both the common law and civil law systems. It is advanced in Chapter 2 that the vulnerability of Saint Lucia's Civil Law is largely explained by the subordination of the civil law to the public law of the common law. How the British Crown utilised its powers of public law to fashion a legal system that was structurally similar, though not identical to the English Common Law system is examined in some detail. The reasons for adopting and adapting the Quebec Civil Code and Code of Civil Procedure ostensibly to serve the needs of Saint Lucia are explained in Chapters 3 and 4. It is suggested that like Quebec, codification of the sUbstantive and procedural law was dictated by technical factors, primarily the need to remove the uncertainty and chaos which had characterised the legal system since 1803. The enactment of both codes marked the formal establishment of Saint Lucia as a mixed legal system. Part Two focuses on the gradual abandonment of certain aspects of the civil law in favour of the English Common Law. Chapter 5 examines the numerous amendments to the Civil Code since its enactment in 1879, the introduction of a Commercial Code based on English statutes and the enactment of other legislation which derogated from the Civil Code. Chapter 6 assesses the jurisprudential impact of the 1957 amendments to the Civil Code and the consequences which flowed from the superimposition of the English Law of Tort, Contract, and Trust on the remaining body of codified law. The major conclusion is that these amendments denatured and distorted the symmetry of the Civil Code, weakened the character of the legal system and accentuated its decline.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available