Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophic
Over his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. The essays collected in this volume range across this exciting and contested field. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights into the cultural and political role of law and rights in a variety of historical contexts and circumstances.
This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.
The Cambridge Companion to the Scottish Enlightenment offers a philosophical perspective on an eighteenth-century movement that has been profoundly influential on western culture. A distinguished team of contributors examines the writings of David Hume, Adam Smith, Thomas Reid, Adam Ferguson, Colin Maclaurin and other Scottish thinkers, in fields including philosophy, natural theology, economics, anthropology, natural science and law. In addition, the contributors relate the Scottish Enlightenment to its historical context and assess its impact and legacy in Europe, America and beyond. The result is a comprehensive and accessible volume that illuminates the richness, the intellectual variety and the underlying unity of this important movement. It will be of interest to a wide range of readers in philosophy, theology, literature and the history of ideas.
This book argues that the 'first' Scottish Enlightenment was championed by minority groups traditionally assumed to have been backward-looking and conservative--Jacobites, Episcopalians, and Catholics--and that it resulted in a dramatic transformation of how Scots understood their history.
This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.
This book investigates the origins and evolution of the main institutions of Scottish education, bringing together a range of scholars, each an expert on his or her own period, and with interests including - but also ranging beyond - the history of educat
Swiss-born Emer de Vattel (1714–1767) was one of the last eminent thinkers of natural law. He shaped the later part of early-modern natural jurisprudence. At the time, the subject had become a fashionable academic sub-discipline in both jurisprudence and philosophy. Vattel's considerable impact on statesmen, political thinkers, diplomats and lawyers during his lifetime and after rested primarily on the fact that his The Law of Nations (1758) transformed natural law into the basis of a more comprehensive and practicable theory of interstate relations. His ideas served to promote reform programmes whose comprehensive natures spanned the domains of economic reform, constitutionalism and international diplomacy and foreign trade policy. Vattel's conception centred round the principle that defined all sovereign states as nations composed of societies of free men and profoundly influenced legal and political debates in the eighteenth and nineteenth centuries.
There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.