A Legal History of Scotland: The seventeenth century

A Legal History of Scotland: The seventeenth century

Author: David M. Walker

Publisher: T. & T. Clark Publishers

Published: 1988

Total Pages: 952

ISBN-13:

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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


Law and Opinion in Scotland during the Seventeenth Century

Law and Opinion in Scotland during the Seventeenth Century

Author: John D Ford

Publisher: Bloomsbury Publishing

Published: 2007-11-20

Total Pages: 662

ISBN-13: 1847313981

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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


Law, Lawyers, and Humanism

Law, Lawyers, and Humanism

Author: John W Cairns

Publisher: Edinburgh University Press

Published: 2015-07-27

Total Pages: 540

ISBN-13: 0748682112

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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


Law and Opinion in Scotland During the Seventeenth Century

Law and Opinion in Scotland During the Seventeenth Century

Author: Anselm Kamperman Sanders

Publisher:

Published: 2007

Total Pages: 650

ISBN-13: 9781472560162

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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.


Scotland in the Age of Two Revolutions

Scotland in the Age of Two Revolutions

Author: Sharon Adams

Publisher: Boydell & Brewer Ltd

Published: 2014

Total Pages: 272

ISBN-13: 1843839393

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The seventeenth century was one of the most dramatic periods in Scotland's history, with two political revolutions, intense religious strife culminating in the beginnings of toleration, and the modernisation of the state and its infrastructure. This book focuses on the history that the Scots themselves made. Previous conceptualisations of Scotland's "seventeenth century" have tended to define it as falling between 1603 and 1707 - the union of crowns and the union of parliaments. In contrast, this book asks how seventeenth-century Scotland would look if we focused on things that the Scots themselves wanted and chose to do. Here the key organising dates are not 1603 and 1707 but 1638 and 1689: the covenanting revolution and the Glorious Revolution. Within that framework, the book develops several core themes. One is regional and local: the book looks at the Highlands and the Anglo-Scottish Borders. The increasing importance of money in politics and the growing commercialisation of Scottish society is a further theme addressed. Chapters on this theme, like those on the nature of the Scottish Revolution, also discuss central government and illustrate the growth of the state. A third theme is political thought and the world of ideas. The intellectual landscape of seventeenth-century Scotland has often been perceived as less important and less innovative, and such perceptions are explored and in some cases challenged in this volume. Two stories have tended to dominate the historiography of seventeenth-century Scotland: Anglo-Scottish relations and religious politics. One of the recent leitmotifs of early modern British history has been the stress on the "Britishness" of that history and the interaction between the three kingdoms which constituted the "Atlantic archipelago". The two revolutions at the heart of the book were definitely Scottish, even though they were affected by events elsewhere. This is Scottish history, but Scottish history which recognises and is informed by a British context where appropriate. The interconnected nature of religion and politics is reflected in almost every contribution to this volume.SHARON ADAMS is Postdoctoral Research Fellow at the University of Freiburg. JULIAN GOODARE is Reader in History at the University of Edinburgh.Contributors: Sharon Adams, Caroline Erskine, Julian Goodare, Anna Groundwater, Maurice Lee Jnr, Danielle McCormack, Alasdair Raffe, Laura Rayner, Sherrilynn Theiss, Sally Tuckett, Douglas Watt


Islands of Law

Islands of Law

Author: Richard S. Tompson

Publisher: Peter Lang Incorporated, International Academic Publishers

Published: 2000

Total Pages: 360

ISBN-13:

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This comprehensive legal history of the British Isles describes the growth and interaction of legal systems in England, Scotland, and Ireland from the seventeenth century to the present. Islands of Law undertakes to amend two gaps in historical writing by using legal history to illuminate the general narrative of events and by offering a new contribution to the recent direction of multinational historical study of the British Isles. The central thesis of the book contends that legal interaction was an important part of many major events, but where there were battles for survival in the seventeenth century, the processes of interaction have become more benign, though no less potent, in the twentieth century.