A History of Private Law in Scotland

A History of Private Law in Scotland PDF

Author: Kenneth G. C. Reid

Publisher:

Published: 2000

Total Pages: 856

ISBN-13: 9780198267782

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Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.

A History of Private Law in Scotland

A History of Private Law in Scotland PDF

Author: Kenneth Reid

Publisher: Oxford University Press, USA

Published: 2001-04-01

Total Pages: 552

ISBN-13: 9780198299417

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Scotland has a special claim for the attention of comparative lawyers, of legal historians and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law - of the law of Rome, received and developed in Continental Europe and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is a detailed and systematic study in the field of private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day. A picture emerges of the slow but profound reception of civil law, beginning in the medieval period and continuing until the eighteenth century and of the influential role of Canon law.

A History of Private Law in Scotland: Volume 2: Obligations

A History of Private Law in Scotland: Volume 2: Obligations PDF

Author: Kenneth Reid

Publisher: Oxford University Press

Published: 2000-12-21

Total Pages: 846

ISBN-13: 9780198299288

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This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.

Roman Law, Scots Law and Legal History

Roman Law, Scots Law and Legal History PDF

Author: Gordon William Gordon

Publisher: Edinburgh University Press

Published: 2019-07-30

Total Pages: 352

ISBN-13: 1474468578

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W M Gordon, who retired from the Douglas Chair of Civil Law at the University of Glasgow in 1999, is well known for his distinguished contribution to Roman law, legal history and land law. He is the author of several books in these subject areas, but it is a mark of his international eminence that much of his prolific output has been published in a wide variety of journals and essay collections outside, as well as within, the UK. This important collection draws together in an accessible format much of his most important writing and, as such, will be in indispensable purchase for all those interested in these core areas of legal scholarship.

Common Law, Civil Law, and Colonial Law

Common Law, Civil Law, and Colonial Law PDF

Author: William Eves

Publisher: Cambridge University Press

Published: 2021-04-15

Total Pages: 349

ISBN-13: 1108960448

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Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.

Legal Practice in Eighteenth-Century Scotland

Legal Practice in Eighteenth-Century Scotland PDF

Author: John Finlay

Publisher: BRILL

Published: 2015-07-14

Total Pages: 461

ISBN-13: 9004294945

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This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.

Private Law and Human Rights

Private Law and Human Rights PDF

Author: Elspeth Reid

Publisher: Edinburgh University Press

Published: 2013-06-24

Total Pages: 576

ISBN-13: 0748684182

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A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.