Civil Justice in Renaissance Scotland

Civil Justice in Renaissance Scotland
Author: Andrew Mark Godfrey
Publisher: BRILL
Total Pages: 505
Release: 2009
Genre: History
ISBN: 9004174664

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.

Scotland and the Wider World

Scotland and the Wider World
Author: Neil McIntyre
Publisher: Boydell & Brewer
Total Pages: 236
Release: 2022
Genre: History
ISBN: 1783276835

Provides for a historical perspective of Scotland's interaction with the world beyond its borders. As one of the most prolific historians of his generation, Allan I. Macinnes, Emeritus Professor of History at the University of Strathclyde, has been foremost in promoting an international rather than insular approach to the study of Scotland. In a distinguished career he has written extensively on the Scottish Highlands, the British revolutions, the formation of the United Kingdom, the Jacobite movement, and Scottish involvement in the British Empire. The chapters collected here reflect the extent of these interests and a commitment to understanding Scotland - or indeed, other territorial units - in an international or global context. Covering a period from the sixteenth to the nineteenth century, essays examine the complex interaction of the peoples of the British and Irish isles; they consider Scottish participation in Britannic and European conflict; and they explore Scottish involvement in business networks, political unions, and maritime empires. From intellectual and cultural exchange to political and military upheaval, Scotland and the Wider World will be key reading for anyone interested in the antecedents to Scotland's current international standing.

The Ian Willock Collection on Law and Justice in the Twenty-First Century

The Ian Willock Collection on Law and Justice in the Twenty-First Century
Author: Eamon P. H. Keane
Publisher: Rowman & Littlefield
Total Pages: 333
Release: 2023-08-15
Genre: Law
ISBN: 1683932528

The essays presented in The Ian Willock Collection on Law and Justice in the Twenty-First Century by those who knew Ian Willock, as well as those who have been inspired by his concerns, represent the wide compass of Ian’s interests. These range from a concern with the development of legal regulation to the relationship between social change and the justice system, as well as his particular interest in the accessibility of the justice system. This tribute provides a microcosm of the changes and shifts which occurred in legal education and the legal profession in the years between 1964 and the current century. The profound impact of Ian Willock’s life work is evident through the wide-ranging essays in this collection.

The Oxford Handbook of English Law and Literature, 1500-1700

The Oxford Handbook of English Law and Literature, 1500-1700
Author: Lorna Hutson
Publisher: Oxford University Press
Total Pages: 833
Release: 2017-06-15
Genre: Literary Collections
ISBN: 0191081973

This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics, and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive. They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire.

The Oxford Handbook of European Legal History

The Oxford Handbook of European Legal History
Author: Heikki Pihlajamäki
Publisher: Oxford University Press
Total Pages: 1273
Release: 2018-07-04
Genre: Law
ISBN: 0191088382

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

A Companion to the Reformation in Scotland, c.1525–1638

A Companion to the Reformation in Scotland, c.1525–1638
Author: Ian Hazlett
Publisher: BRILL
Total Pages: 796
Release: 2021-12-13
Genre: Religion
ISBN: 9004335951

A Companion to the Reformation in Scotland deals with the making, shaping, and development of the Scottish Reformation. 28 authors offer new analyses of various features of a religious revolution and select personalities in evolving theological, cultural, and political contexts.

The Scottish Legal System

The Scottish Legal System
Author: Megan Dewart
Publisher: Bloomsbury Publishing
Total Pages: 491
Release: 2019-02-19
Genre: Law
ISBN: 1526506351

A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts. This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence. This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.

Scottish Legal History

Scottish Legal History
Author: Andrew R. C. Simpson
Publisher: Edinburgh University Press
Total Pages: 396
Release: 2017-07-07
Genre: Law
ISBN: 074869742X

Law and Legal Consciousness in Medieval Scotland

Law and Legal Consciousness in Medieval Scotland
Author: Hector L. MacQueen
Publisher: BRILL
Total Pages: 615
Release: 2023-10-20
Genre: History
ISBN: 9004683763

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.

Parliament and Convention in the Personal Rule of James V of Scotland, 1528–1542

Parliament and Convention in the Personal Rule of James V of Scotland, 1528–1542
Author: Amy Blakeway
Publisher: Springer Nature
Total Pages: 366
Release: 2022-02-17
Genre: History
ISBN: 3030893774

This book, based on a fresh understanding of Scottish governmental records rooted in extensive archival research, offers the first study of these important institutions in a period of revived royal authority. The regime which emerges from these records is one which understood the power of consultation, adroitly using a range of groups from full parliaments to conventions of specialists and experts selected to deal with the matter in hand. Policies were crafted through not one single meeting but several types of gathering, ranging from small groups when secrecy was of the essence or complex details required to be hammered out, to elaborate large gatherings when the regime employed a performative strategy to disseminate information or legitimise its policies. Still more impressively, much of this was managed in the King’s absence – James remained at a distance from many of these gatherings, relying on key officials such as the Chancellor or Clerk Register to relay counsel and the royal will. This emphasis on specialised, frequent consultation reflects concurrent developments in the council, whilst relocating debate surrounding the development of state and administrative structures in Scotland traditionally located in the late sixteenth-century into the 1530s. In tackling the development of parliament in Scotland and placing it in its proper context amongst many different forms of consultative meeting this book also speaks to subjects of European-wide concern: how far early modern Parliaments were used to impose or resist religious change, the pace of state formation, monarchical power and relations between monarchs and their subjects.