Law And Opinion In Scotland During The Seventeenth Century
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Law and Opinion in Scotland During the Seventeenth Century by Anselm Kamperman Sanders,John Davidson Ford Pdf
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.
Law and Opinion in Scotland during the Seventeenth Century by John D Ford Pdf
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
Scottish Philosophy in the Seventeenth Century by Alexander Broadie Pdf
During the seventeenth century Scots produced many high quality philosophical writings, writings that were very much part of a wider European philosophical discourse. Yet today Scottish philosophy of the sixteenth and eighteenth centuries is widely studied, but that of the seventeenth century is only now beginning to receive the attention it deserves. This volume begins by placing the seventeenth-century Scottish philosophy in its political and religious contexts, and then investigates the writings of the philosophers in the areas of logic, metaphysics, politics, ethics, law, and religion. It is demonstrated that in a variety of ways the Scottish Reformation impacted on the teaching of philosophy in the Scottish universities. It is also shown that until the second half of the century—and the arrival of Descartes on the Scottish philosophy curriculum—the Scots were teaching and developing a form of Reformed orthodox scholastic philosophy, a philosophy that shared many features with the scholastic Catholic philosophy of the medieval period. By the early eighteenth century Scotland was well placed to give rise to the spectacular Enlightenment that then followed, and to do so in large measure on the basis of its own well-established intellectual resources. Among the many thinkers discussed are Reformed orthodox, Episcopalian, and Catholics philosophers including George Robertson, George Middleton, John Boyd, Robert Baron, Mark Duncan, Samuel Rutherford, James Dundas (first Lord Arniston), George Mackenzie, James Dalrymple (Viscount Stair), and William Chalmers.
Contract Before the Enlightenment by Stephen Bogle Pdf
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.
Author : Andrew R. C. Simpson Publisher : Edinburgh University Press Page : 396 pages File Size : 41,6 Mb Release : 2017-07-07 Category : Law ISBN : 9780748697427
The Oxford Handbook of English Law and Literature, 1500-1700 by Lorna Hutson Pdf
"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"--Book jacket.
Cultures of Law in Urban Northern Europe by Jackson W. Armstrong,Edda Frankot Pdf
Drawing together an international team of historians, lawyers and historical sociolinguists, this volume investigates urban cultures of law in Scotland, with a special focus on Aberdeen and its rich civic archive, the Low Countries, Norway, Germany and Poland from c. 1350 to c. 1650. In these essays, the contributors seek to understand how law works in its cultural and social contexts by focusing specifically on the urban experience and, to a great extent, on urban records. The contributions are concerned with understanding late medieval and early modern legal experts as well as the users of courts and legal services, the languages and records of law, and legal activities occurring inside and outside of official legal fora. This volume considers what the expectations of people at different status levels were for the use of the law, what perceptions of justice and authority existed among different groups, and what their knowledge was of law and legal procedure. By examining how different aspects of legal culture came to be recorded in writing, the contributors reveal how that writing itself then became part of a culture of law. Cultures of Law in Urban Northern Europe: Scotland and its Neighbours c.1350–c.1650 combines the historical study of law, towns, language and politics in a way that will be accessible and compelling for advanced level undergraduates and postgraduate to postdoctoral researchers and academics in medieval and early modern, urban, legal, political and linguistic history.
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.
Civil Justice in Renaissance Scotland by Andrew Mark Godfrey Pdf
Drawing on archival research into jurisdictional change, litigation and dispute settlement, this book provides a fundamental reassessment of the origins of a central court in Scotland, arguing for the overriding significance of the foundation of the College of Justice in 1532.
The History of Scottish Theology, Volume I by David Fergusson,Mark W. Elliott Pdf
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 Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf
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.
The Scope and Structure of Civil Codes by Julio César Rivera Pdf
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.
The Ian Willock Collection on Law and Justice in the Twenty-First Century by Eamon P. H. Keane,Peter Robson Pdf
The Ian Willock Collection on Law and Justice in the Twenty-First Century presents a diverse collection of essays inspired by Ian Willock's diverse range of scholarly interests, from the Scottish jury through women in the legal profession, and more.
Law and Legal Consciousness in Medieval Scotland by Hector L. MacQueen Pdf
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.