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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: Stephen Bogle
Publisher: Oxford University Press
ISBN: 0192884980
Category : Law
Languages : en
Pages : 305
Get Book Here
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: John W Cairns
Publisher: Edinburgh University Press
ISBN: 0748682112
Category : Law
Languages : en
Pages : 540
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Book Description
This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, a
Author:
Publisher:
ISBN:
Category : English literature
Languages : en
Pages : 340
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Book Description
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:
Publisher:
ISBN:
Category : English literature
Languages : en
Pages : 342
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Book Description
Some vols of the Publications include reports of the society and lists of members.
Author: Habakkuk Bisset
Publisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 340
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Book Description
Author: National Library of Scotland
Publisher:
ISBN:
Category : Manuscripts
Languages : en
Pages : 920
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Book Description
Author: Andrew R. C. Simpson
Publisher: Edinburgh University Press
ISBN: 074869742X
Category : Law
Languages : en
Pages : 410
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Book Description
The first textbook on Scottish legal history from the genesis of Scots law to the Union, written from a legal perspectiveFrom the roots of a law that applied to all subjects of the Scottish King to the 1707 Union with England, this new legal history textbook explores the genesis, evolution and enduring influence of early Scots law. Discover how and why Scots law come into being, how was it used in dispute resolution during the medieval and early modern periods and how its authority developed over the centuries. Key FeaturesThe chapters have been road-tested with legal history students in the School of Law at the University of AberdeenThe textbook has been developed with input from legal history lecturers at a number of Scottish universitiesComplex legal history is presented through examples and anecdotes, to help students to engage with and understand the materialMaterial is divided into easily digestable chunks, arranged from the perspective of legal history (rather than political, social or economic history).
Author: Robert Macoy
Publisher:
ISBN:
Category : Freemasons
Languages : en
Pages : 566
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Book Description
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
