https://www.um.edu.mt/library/oar/handle/123456789/16935 Sat, 11 Jul 2026 17:43:52 GMT 2026-07-11T17:43:52Z https://www.um.edu.mt/library/oar/handle/123456789/17560 Title: 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? Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/17560 2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/17501 Title: A treatment of the historical evolution of the court’s interpretation of Article 209, Chapter 9, following the Second World War Abstract: This thesis incorporates a historical overview of the formation of the Maltese Criminal Code, Chapter 9 of the Laws of Malta, and Article 209 of the same Code. It is an analysis of Court judgements relating to Article 209, prior to and post the Second World War. However, in order to analyse these judgements, the author had to delve into the specific elements which form part of Article 209. Although this article is an umbrella provision, it includes various elements which require deep study. Interestingly, although certain elements have withstood the test of time, they have never been specifically defined; such as in the case of morality and decency. The result has shown that lack of definition has been the reason behind why such elements have in fact blended with their surroundings throughout the years, and hence making Article 209 a flexible provision without requiring major changes. In practice, Article 209, although not specifically defined has lured judges and magistrates into questioning the true meaning behind morality, decency and public place. As a result, case law has in fact given clear guidelines to the interpretation of the elements of a public place, and a place exposed to the public. However, morality and decency are still poorly defined, and this is due to their subjective nature. Therefore, both elements are reviewed on a case by case basis, relating to the circumstances that are presented to the Court. In order to make this thesis a clear and complete study, the author has carried out interviews with professionals who are considered to be key figures in society. Description: LL.D. Fri, 01 Jan 2016 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/17501 2016-01-01T00:00:00Z