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Journal of Civil Law Studies

Authors

Steven Pallot

Keywords

mixed legal jurisdiction, French Civil Code, customarylaw, coûtume, droit coutumier normand, Jersey law, civil law, commonlaw

Abstract

The Channel Islands were an integral part of the Duchy of Normandy until 1204 when King John lost Continental Normandy to the French King, Philip Augustus. Jersey and Guernsey did not submit to the jurisdiction of the French King but retained allegiance to the King in England as Duke of Normandy. The customary laws of the Islands retain their Norman root to this day in spite of strong legal and cultural influences from England in the 19th and 20Centuries. A rich legal vocabulary in both French and English has evolved in these mixed legal jurisdictions.

This article examines the linguistic legacy of Jersey’s diverse jurisprudential heritage, including Jersey legislation, in part drawn from the Code civil des Français and other French statutes, and in part reflecting the peculiar legal usages of Jersey as a pays coutumier; and Jersey case law in which the application of Norman customary law, civilian law and the French Civil Code, is considered.

Included in

Civil Law Commons

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