A History of Private Law in Scotland

A History of Private Law in Scotland
Author: Kenneth G. C. Reid
Publisher:
Total Pages: 856
Release: 2000
Genre: Law
ISBN: 9780198267782

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: Volume 2: Obligations

A History of Private Law in Scotland: Volume 2: Obligations
Author: Kenneth Reid
Publisher: Oxford University Press
Total Pages: 846
Release: 2000-12-21
Genre: Law
ISBN: 9780198299288

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.

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
Total Pages: 662
Release: 2007-11-20
Genre: Law
ISBN: 1847313981

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

Scotland's Foreshore

Scotland's Foreshore
Author: John MacAskill
Publisher: Edinburgh University Press
Total Pages: 272
Release: 2018-06-21
Genre: History
ISBN: 1474436935

Explores how internet use empowers Arab citizens

New Perspectives in Scottish Legal History

New Perspectives in Scottish Legal History
Author: A. K. R Kiralfy
Publisher: Routledge
Total Pages: 132
Release: 2014-01-09
Genre: History
ISBN: 1317949161

First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.

Contract Before the Enlightenment

Contract Before the Enlightenment
Author: Stephen Bogle
Publisher: Oxford University Press
Total Pages: 305
Release: 2023-03-08
Genre: Law
ISBN: 0192884980

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.

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
Genre: History
ISBN: 0199660883

This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. For historians of early modern England, turning to legal archives and learning more about legal procedure has seemed increasingly relevant to the project of understanding familial and social relations as well as political institutions, state formation, and economic change. Literary scholars and intellectual historians have also shown how classical forensic rhetoric formed the basis both of the humanist teaching of literary composition (poetry and drama) and of new legal epistemologies 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. This Handbook brings historians, literary scholars, and legal historians together to build on and challenge these and similar lines of inquiry. Chapters in the Handbook consider the following topics in a variety of combinations: forensic rhetoric, poetics and evidence; humanist and legal learning; political and professional identities at the Inns of Court; poetry, drama, and visual culture; local governance and legal reform; equity, conscience, and religious law; legal transformations of social and affective relations (property, marriage, witchcraft, contract, corporate personhood); authorial liability (libel, censorship, press regulation); rhetorics of liberty, slavery, torture, and due process; nation, sovereignty, and international law (the British archipelago, colonialism, empire).

The Economic Thought of Sir James Steuart

The Economic Thought of Sir James Steuart
Author: José M. Menudo
Publisher: Routledge
Total Pages: 262
Release: 2019-10-11
Genre: Business & Economics
ISBN: 0429812043

James Steuart published An Inquiry into the Principles of Political Œconomy in 1767, the first systematic treatise on economics, nine years before Adam Smith’s Wealth of Nations. Traditional historiography has tended to disregard and even deny Steuart’s oeuvre, categorizing him as the last, outdated advocate of mercantilist policies in Britain. A clear portrait of a modernizing and enlightened Steuart emerges from this book, opening up an alternative approach to many key developments in economic theory. This book brings together a diverse international team of experts to overturn the "advocate of mercantilism" myth and explore different interpretations of Steuart’s work within the context of the writings of other contemporary authors. A diverse range of specialists – historians, economists, political scientist, and sociologists – reflecting the diversity of James Steuart’s work explore various aspects of the life, works, and influence of James Steuart, including his links to other authors who conceive – as Steuart did – the economic system of "natural liberty" as an artificial creation. The portrait of a demarginalized, modernizing, and enlightened Steuart emerges clearly in this book. This book is not reduced to old authors whose ideas would be at the Museum of Dead Ideas, it has a very contemporary resonance. The subjects and the way Steuart tackles them could have a big influence on future authors who recognized some advantages of an alternative approach to many key developments in economic theory. This will also be of interest to scholars of history of economic thought, intellectual history, and 18th century history.

Lord Kames

Lord Kames
Author: Andreas Rahmatian
Publisher: Edinburgh University Press
Total Pages: 384
Release: 2015-05-20
Genre: Philosophy
ISBN: 0748676740

Andreas Rahmatian explains Kames' conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment.

The Legal Language of Scottish Burghs

The Legal Language of Scottish Burghs
Author: Joanna Kopaczyk
Publisher: Oxford University Press, USA
Total Pages: 356
Release: 2013-09-12
Genre: Foreign Language Study
ISBN: 0199945152

The first monograph to examine textual standardization patterns in legal and administrative texts on the basis of lexical bundles, drawing from a comprehensive corpus of medieval and early modern legal texts