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 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.

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

Contract Before the Enlightenment
Contract Before the Enlightenment

Author: Stephen Bogle

Publisher: Oxford University Press

Published: 2023-03-08

Total Pages: 305

ISBN-13: 0192884980

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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.

Civil Justice in Renaissance Scotland
Civil Justice in Renaissance Scotland

Author: Andrew Mark Godfrey

Publisher: BRILL

Published: 2009

Total Pages: 505

ISBN-13: 9004174664

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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.

Local Customs and Common Laws
Local Customs and Common Laws

Author: J.D. Ford

Publisher: BRILL

Published: 2024-05-16

Total Pages: 416

ISBN-13: 9004695001

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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.

The History of Scottish Theology, Volume I
The History of Scottish Theology, Volume I

Author: David Fergusson

Publisher: Oxford University Press

Published: 2019-08-29

Total Pages: 416

ISBN-13: 0191077208

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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.

The Scope and Structure of Civil Codes
The Scope and Structure of Civil Codes

Author: Julio César Rivera

Publisher: Springer Science & Business Media

Published: 2014-02-04

Total Pages: 477

ISBN-13: 9400779429

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This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.