MacCormick's Scotland

MacCormick's Scotland
Author: Neil Walker
Publisher: Edinburgh University Press
Total Pages: 261
Release: 2012-03-26
Genre: Law
ISBN: 0748649301

A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

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.

Human Rights and Scots Law

Human Rights and Scots Law
Author: Alan Boyle
Publisher: Bloomsbury Publishing
Total Pages: 406
Release: 2002-11-04
Genre: Law
ISBN: 1847310206

This book,written by a team of academics, judges and distinguished practitioners from the UK and abroad discusses the implications of the incorporation of the ECHR into Scots law. The contributors consider the impact of the Human Rights Act in light of the new constitutional settlement for Scotland and their experiences of other rights regimes in Europe, the Commonwealth, and the United States. The contributions span the fields of Private, Public, European Community and Comparative law and draw on human rights law and practice in the UK, the European Community, Canada, New Zealand, South Africa, the United States and Sweden, where the ECHR was recently incorporated. Topics include: analyses of the Human Rights Act and Scotland Act; human rights and the law of crime, property, employment, family and private life; Scottish court practice and procedure; Scots law and the European dimension; and building a rights culture in Scotland.

The Work of the British Law Commissions

The Work of the British Law Commissions
Author: Shona Wilson Stark
Publisher: Bloomsbury Publishing
Total Pages: 315
Release: 2017-07-13
Genre: Law
ISBN: 1509906932

The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.

Criminal Sentencing as Practical Wisdom

Criminal Sentencing as Practical Wisdom
Author: Graeme Brown
Publisher: Bloomsbury Publishing
Total Pages: 297
Release: 2017-06-01
Genre: Law
ISBN: 1509902635

How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

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