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Abstract: Mixed jurisdictions are uniquely positioned to add their voice to the comparative law conversation. This article forays into worlds that have not been featured in the traditional mixed jurisdiction scholarship, which has narrowly discussed civil law/common law encounters. In a first case study, the article explores how a mixed jurisdiction perspective might have persuaded the US Supreme Court to construe the French source term lésion corporelle in an international air law treaty to cover purely mental injuries. The article’s second case study features the Iranian waqf—a property endowment, which is rooted in Twelver Shia Islam, yet housed in a codification reminiscent of the great European codes. In addition, the Iranian waqf exhibits a powerful capacity to converse with other Islamic schools of jurisprudence in Sunni and Shia Islam as well as counterparts in the common law (in particular, the trust) and the civil law (in particular, the foundation) when it comes to isolating, managing and disposing of assets for designated purposes. In the light of both case studies, the article concludes with a call for a broader conception of mixity.
Keywords: asset lock; bodily injury; Iranian Civil Code; international air law; lésion corporelle; purely psychic damages; Third legal family; Twelver Ja’farî school; waqf; Warsaw Convention
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