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Author: John D Ford
Publisher: Bloomsbury Publishing
ISBN: 1847313981
Category : Law
Languages : en
Pages : 662
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Book Description
In Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland
Author: John D Ford
Publisher: Bloomsbury Publishing
ISBN: 1847313981
Category : Law
Languages : en
Pages : 662
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Book Description
In Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland
Author: Anselm Kamperman Sanders
Publisher:
ISBN: 9781472560162
Category : Law
Languages : en
Pages : 650
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Book Description
Explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation.
Author: David M. Walker
Publisher: T. & T. Clark Publishers
ISBN:
Category : Law
Languages : en
Pages : 952
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Book Description
Professor Walker's Legal History of Scotland will be published in seven volumes. It is the only attempt yet made to write a chronological narrative account of the development of the Scottish legal system from early times on a substantial scale, with extensive reference to original sources. That development is wholly different from that of the English legal system. Attention is given at all stages to sources and legal literature, the influences of other legal systems, the courts and procedure, the lawyers, the roles of Parliament and the Privy Council, and to public, criminal and private law, both substantive and procedural.Volume IV deals with the years between 1603, when the Scots lost their resident king, and 1707, when they lost their separate parliament. The intervening years were violent and contentious, and witnessed resentment at attempts to enforce episcopacy on the Kirk, which gave rise to armed resistance to the king, and ultimately civil war, then Scotland's subjugation by Cromwell and enforced union with England, the Restoration, the resistance of the Covenanters and the reaction against James VII which culminated in the Revolution and finally the unpopular Union.Const
Author: Stephen Bogle
Publisher: Oxford University Press
ISBN: 0192884980
Category : Law
Languages : en
Pages : 305
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Book Description
Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.
Author: Æneas James George MACKAY
Publisher:
ISBN:
Category :
Languages : en
Pages : 348
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Book Description
Author: Andrew Mark Godfrey
Publisher: BRILL
ISBN: 9004174664
Category : History
Languages : en
Pages : 505
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Book Description
This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of the Session in the fifteenth century as a judicial sitting of the King s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.
Author: J.D. Ford
Publisher: BRILL
ISBN: 9004695001
Category : Law
Languages : en
Pages : 416
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Book Description
Lawyers in Scotland in the later sixteenth century took a disproportionate interest in the law governing maritime commerce. Some essays in this collection consider their handling of the subject in treatises they wrote. Other essays, however, show that disputes relating to maritime trade were handled in a different way in the courts of the towns at which ships arrived. Further essays examine the relationship between these contrasting perspectives. Although the essays focus on the law governing maritime commerce in Scotland, they also contribute to a wider debate about the nature of maritime law in early-modern Europe.
Author: David Fergusson
Publisher: Oxford University Press
ISBN: 0191077208
Category : Religion
Languages : en
Pages : 416
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Book Description
This three-volume work comprises over eighty essays surveying the history of Scottish theology from the early middle ages onwards. Written by an international team of scholars, the collection provides the most comprehensive review yet of the theological movements, figures, and themes that have shaped Scottish culture and exercised a significant influence in other parts of the world. Attention is given to different traditions and to the dispersion of Scottish theology through exile, migration, and missionary activity. The volumes present in diachronic perspective the theologies that have flourished in Scotland from early monasticism until the end of the twentieth century. The History of Scottish Theology, Volume I covers the period from the appearance of Christianity around the time of Columba to the era of Reformed Orthodoxy in the seventeenth century. Volume II begins with the early Enlightenment and concludes in late Victorian Scotland. Volume III explores the 'long twentieth century'. Recurrent themes and challenges are assessed, but also new currents and theological movements that arose through Renaissance humanism, Reformation teaching, federal theology, the Scottish Enlightenment, evangelicalism, missionary, Biblical criticism, idealist philosophy, dialectical theology, and existentialism. Chapters also consider the Scots Catholic colleges in Europe, Gaelic women writers, philosophical scepticism, the dialogue with science, and the reception of theology in liturgy, hymnody, art, literature, architecture, and stained glass. Contributors also discuss the treatment of theological themes in Scottish literature.
Author: Heikki Pihlajamäki
Publisher: Oxford University Press
ISBN: 0191088382
Category : Law
Languages : en
Pages : 1264
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Book Description
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Author: Andrew R. C. Simpson
Publisher: Edinburgh University Press
ISBN: 074869742X
Category : Law
Languages : en
Pages : 396
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Book Description
