The Historical Development of the Mixed Legal System of Mauritius during the French and British Colonial Periods

Abstract

Mauritius had originally inherited its laws from its two successive colonial administrators, France and Great Britain. The Mauritian legal system, however, is neither civilian nor common law, although possessing characteristics of both. By a kind of osmosis, the system has blended the elements of its inherited traditions and, in their fusion, has developed a distinct corpus of Mauritian law. This article examines the historical developments during the colonial period which lead to the emergence of the Mauritian Legal System as a mixed or hybrid legal system: how the blend occurred, why it did so.

Key Words: Mauritian legal system; mixed or hybrid legal system; civilian and common law origins; distinct corpus of Mauritian law.