Author: Kenneth G. C. Reid,Reinhard Zimmermann
Publisher: Oxford University Press on Demand
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.
Crime and the Genius of Scots Law, 1747 to the Present
Author: Lindsay Farmer
Publisher: Cambridge University Press
This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer is able to develop a critique of modern criminal law theory in general. He traces the development of the modern characteristics of criminal law and legal order, tracing the relationship between legal practice and national culture, and showing how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice.
Author: Alice Taylor
Publisher: Oxford University Press
This is the first full-length study of Scottish royal government in the twelfth and thirteenth centuries ever to have been written. It uses untapped legal evidence to set out a new narrative of governmental development. Between 1124 and 1290, the way in which kings of Scots ruled their kingdom transformed. By 1290 accountable officials, a system of royal courts, and complex common law procedures had all been introduced, none of which could have been envisaged in 1124. The Shape of the State in Medieval Scotland, 1124-1290 argues that governmental development was a dynamic phenomenon, taking place over the long term. For the first half of the twelfth century, kings ruled primarily through personal relationships and patronage, only ruling through administrative and judicial officers in the south of their kingdom. In the second half of the twelfth century, these officers spread north but it was only in the late twelfth century that kings routinely ruled through institutions. Throughout this period of profound change, kings relied on aristocratic power as an increasingly formal part of royal government. In putting forward this narrative, Alice Taylor refines or overturns previous understandings in Scottish historiography of subjects as diverse as the development of the Scottish common law, feuding and compensation, Anglo-Norman 'feudalism', the importance of the reign of David I, recordkeeping, and the kingdom's military organisation. In addition, she argues that Scottish royal government was not a miniature version of English government; there were profound differences between the two polities arising from the different role and function aristocratic power played in each kingdom. The volume also has wider significance. The formalisation of aristocratic power within and alongside the institutions of royal government in Scotland forces us to question whether the rise of royal power necessarily means the consequent decline of aristocratic power in medieval polities. The book thus not only explains an important period in the history of Scotland, it places the experience of Scotland at the heart of the process of European state formation as a whole
Author: Alan C. Page
Publisher: Sweet & Maxwell
Category: Constitutional law
A very different book from its predecessor in the SULI series, J D B Mitchell's Constitutional Law, which was first published almost fifty years ago. This title's aim is to provide an authoritative account of both the new Scottish constitution and the contemporary governance of Scotland. It also charts the long march towards 'accountable' government in Scotland. After exploring the new Scottish constitution as set out in the Scotland and the Human Rights Act, it examines the separate Scottish, United Kingdom and European dimensions of the contemporary governance of Scotland. Constitutional law.
Author: Derek Manson-Smith
Publisher: Stationery Office/Tso
Scots law and the legal institutions of Scotland are markedly different to that in the rest of the UK, determined by its own distinctive history and its relationship with other legal systems. Written in plain English for non-lawyers, this publication examines the Scottish legal system post-devolution, covering a range of topics including: the origins and sources of Scots law; the judicial system; civil courts and civil judicial procedure; alternative dispute resolution; tribunals; criminal courts and the criminal justice system; legal personnel including judges and sheriffs, public prosecutors and the legal profession; the administration of the Scottish legal system; judicial review; legal aid and other sources of assistance; protection of the public.
Author: Neil Walker
Publisher: Edinburgh University Press
A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.
Parliament in Context, 1235-1707
Author: Keith Brown
Publisher: Edinburgh University Press
Category: Political Science
This is the third volume in The History of the Scottish Parliament. In volumes 1 and 2 the contributors addressed discrete episodes in political history from the early thirteenth century through to 1707, demonstrating the richness of the sources for such historical writing and the importance of parliament to that history. In Volume 3 the contributors have built on that foundation and taken advantage of the Records of the Parliaments of Scotland to discuss a comprehensive range of key themes in the development of parliament. The editors, Keith M. Brown and Alan R. MacDonald, have assembled a team of established and younger scholars who each discuss a theme that ranges over the entire six centuries of the parliament's existence. These include broad, interpretive chapters on each of the key political constituencies represented in parliament. Thus Roland Tanner and Gillian MacIntosh write on parliament and the crown, Roland Tanner and Kirsty McAlister discuss parliament and the church, Keith Brown addresses parliament and the nobility and Alan MacDonald examines parliament and the burghs. Cross-cutting themes are also analysed. The political culture of parliament is the subject of a chapter by Julian Goodare, while parliament and the law, political ideas and social control are dealt with in turn by Mark Godfrey, James Burns and Alastair Mann. Finally, parliament's own procedures are also discussed by Alastair Mann. The History of the Scottish Parliament: Parliament in Context offers the most comprehensive and up-to-date account of the workings and significance of this important institution to the history of late medieval and early modern Scotland.