Anglo-Maltese law : an experiment in colonial legal hybridity (1800-1839)

Abstract

The Maltese legal system is often referred to as a ‘mixed legal system’ or a ‘hybrid’ legal tradition and is increasingly classified under the third legal family as devised by Vernon Palmer. To understand the complexity of Malta’s legal hybridity one must refer to the rich legal history of the Island and analyse in further detail the fascinating interplay between the exponents of Continental Civil Law and the Anglo-American Common Law traditions. This struggle for dominance over the Legal System of the Maltese Islands, between the world’s two largest legal families, can be seen in its most overt form during the first 39 years of the British colonial phase (1800-1839). Through a thorough evaluation of the major events of the era and the legal literature documenting the strategies of the Maltese Colonial establishment; one may discern the impact of this early period of British dominance on the contemporary set-up of the Administration of Justice and the wider legal system of Malta. How have the actions of the main legal actors of the period affected the way the Maltese treat and understand law within society?