John W. Cairns and Paul J. du Plessis
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748627936
- eISBN:
- 9780748651474
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748627936.001.0001
- Subject:
- Law, Legal History
This book contributes to the debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960s, has had a profound ...
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This book contributes to the debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960s, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is an attempt to provide a balanced assessment of the various points of view. The chapters within the book have been specifically arranged to represent the debate. The chapters address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.Less
This book contributes to the debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960s, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is an attempt to provide a balanced assessment of the various points of view. The chapters within the book have been specifically arranged to represent the debate. The chapters address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.
Pamela R. Ferguson
- Published in print:
- 2013
- Published Online:
- May 2015
- ISBN:
- 9781845861490
- eISBN:
- 9781474406130
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861490.001.0001
- Subject:
- Law, Constitutional and Administrative Law
What do the following behaviours have in common: shouting and swearing, painting graffiti, killing a fox by kicking it, glue-sniffing, cross-dressing in public, dangerous driving, discharging a ...
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What do the following behaviours have in common: shouting and swearing, painting graffiti, killing a fox by kicking it, glue-sniffing, cross-dressing in public, dangerous driving, discharging a fire-arm, engaging in a roof-top prison protest, throwing a lit firework in a bus, attempting to commit suicide, making threatening gestures, and kerb crawling? Incredibly, each of these behaviours has been successfully prosecuted in Scotland as the crime of ‘breach of the peace’. This book describes and critiques this commonly prosecuted crime. The author traces the development of the crime from the mid-19th century to the present day, and also considers related statutory offences. The latter include those offences created by the Criminal Justice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. It is argued that breach of the peace remains an overly broad and ill-defined crime – despite the appeal court’s attempts at narrowing its definition.Less
What do the following behaviours have in common: shouting and swearing, painting graffiti, killing a fox by kicking it, glue-sniffing, cross-dressing in public, dangerous driving, discharging a fire-arm, engaging in a roof-top prison protest, throwing a lit firework in a bus, attempting to commit suicide, making threatening gestures, and kerb crawling? Incredibly, each of these behaviours has been successfully prosecuted in Scotland as the crime of ‘breach of the peace’. This book describes and critiques this commonly prosecuted crime. The author traces the development of the crime from the mid-19th century to the present day, and also considers related statutory offences. The latter include those offences created by the Criminal Justice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. It is argued that breach of the peace remains an overly broad and ill-defined crime – despite the appeal court’s attempts at narrowing its definition.
Claire McDiarmid
- Published in print:
- 2007
- Published Online:
- May 2015
- ISBN:
- 9781845860127
- eISBN:
- 9781474406147
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860127.001.0001
- Subject:
- Law, Family Law
This book is a treatise on youth justice which examines the treatment, by the criminal law and the criminal justice system, of children who commit serious crimes. It draws on legal, philosophical and ...
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This book is a treatise on youth justice which examines the treatment, by the criminal law and the criminal justice system, of children who commit serious crimes. It draws on legal, philosophical and Childhood Studies literature to look at the interaction between law and childhood and considers a number of cases, including the murder of James Bulger in 1993 through these lenses, noting the difficulties for legal systems, of accommodating individuals who are, simultaneously, both “child” and “criminal”. The law’s impulse is to protect children and to call to account and punish offenders – aims which sometimes conflict. Other areas of law encounter similar difficulties in the tension between the child’s need for protection and for the nurture of his/her growing autonomy. Drawing on its discussion of this child-criminal paradox, the book examines two examples of the law’s response to children who offend: the age of criminal responsibility and the doli incapax presumption. It proceeds to argue that, in every case, a thorough investigation of the child’s criminal capacity, drawing on developmental psychology, is necessary to provide a fair and rational basis for decisions on responsibility and disposal in respect of such children. It presents a model for achieving this. It also examines the existing response of the Scottish legal system to such children, both in the courts, and through the children’s hearings system. Overall, the argument is for a fair and compassionate approach which takes account of the public interest and the need for public confidence in the criminal justice system.Less
This book is a treatise on youth justice which examines the treatment, by the criminal law and the criminal justice system, of children who commit serious crimes. It draws on legal, philosophical and Childhood Studies literature to look at the interaction between law and childhood and considers a number of cases, including the murder of James Bulger in 1993 through these lenses, noting the difficulties for legal systems, of accommodating individuals who are, simultaneously, both “child” and “criminal”. The law’s impulse is to protect children and to call to account and punish offenders – aims which sometimes conflict. Other areas of law encounter similar difficulties in the tension between the child’s need for protection and for the nurture of his/her growing autonomy. Drawing on its discussion of this child-criminal paradox, the book examines two examples of the law’s response to children who offend: the age of criminal responsibility and the doli incapax presumption. It proceeds to argue that, in every case, a thorough investigation of the child’s criminal capacity, drawing on developmental psychology, is necessary to provide a fair and rational basis for decisions on responsibility and disposal in respect of such children. It presents a model for achieving this. It also examines the existing response of the Scottish legal system to such children, both in the courts, and through the children’s hearings system. Overall, the argument is for a fair and compassionate approach which takes account of the public interest and the need for public confidence in the criminal justice system.
Hong-Lin Yu
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861070
- eISBN:
- 9781474406154
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861070.001.0001
- Subject:
- Law, Company and Commercial Law
This book provides a practical guide to the Arbitration (Scotland) Act 2010 together with comparative international case studies. It provides a thorough analysis of the Arbitration (Scotland) Act ...
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This book provides a practical guide to the Arbitration (Scotland) Act 2010 together with comparative international case studies. It provides a thorough analysis of the Arbitration (Scotland) Act 2010 (which provides a modern statutory framework for domestic and international arbitration in Scotland) and the most important current issues that are arising in the field of international commercial arbitration. It includes a number of highly relevant legal case studies that compare Scottish and international practice. These provide a practical insight into the various aspects of arbitration. It also includes a number of chapters on international practice. These cover UNCITRAL Model Law, UNCITRAL Arbitration Rules, institutional arbitration rules, and International Bar Association arbitration guidelines.Less
This book provides a practical guide to the Arbitration (Scotland) Act 2010 together with comparative international case studies. It provides a thorough analysis of the Arbitration (Scotland) Act 2010 (which provides a modern statutory framework for domestic and international arbitration in Scotland) and the most important current issues that are arising in the field of international commercial arbitration. It includes a number of highly relevant legal case studies that compare Scottish and international practice. These provide a practical insight into the various aspects of arbitration. It also includes a number of chapters on international practice. These cover UNCITRAL Model Law, UNCITRAL Arbitration Rules, institutional arbitration rules, and International Bar Association arbitration guidelines.
John Finlay
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780748645770
- eISBN:
- 9780748676545
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748645770.001.0001
- Subject:
- Law, Legal History
This book is an analysis of those who worked in the Court of Session, Scotland's central civil court, during the eighteenth century. It looks at the activities of the highest members of what was the ...
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This book is an analysis of those who worked in the Court of Session, Scotland's central civil court, during the eighteenth century. It looks at the activities of the highest members of what was the College of Justice, the judges and the advocates, whose arguments and decisions guided the development of Scots law, as well as the macers, clerks, keepers and agents whose roles were vital in allowing the court to deal with its business. The Court of Session had a central place in Edinburgh and its members were drawn from across Scotland. It was the professional milieu of men of the calibre of Lord Kames, Sir David Dalrymple of Hailes and Sir Walter Scott. Despite a turbulent history with a town council jealous of their privileges, College members made a profound contribution to the physical and cultural development of Edinburgh as a city. This is their story.Less
This book is an analysis of those who worked in the Court of Session, Scotland's central civil court, during the eighteenth century. It looks at the activities of the highest members of what was the College of Justice, the judges and the advocates, whose arguments and decisions guided the development of Scots law, as well as the macers, clerks, keepers and agents whose roles were vital in allowing the court to deal with its business. The Court of Session had a central place in Edinburgh and its members were drawn from across Scotland. It was the professional milieu of men of the calibre of Lord Kames, Sir David Dalrymple of Hailes and Sir Walter Scott. Despite a turbulent history with a town council jealous of their privileges, College members made a profound contribution to the physical and cultural development of Edinburgh as a city. This is their story.
Eric Descheemaeker (ed.)
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780748693641
- eISBN:
- 9781474400930
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748693641.001.0001
- Subject:
- Law, Comparative Law
The comparative law of property is a budding, but still extremely underdeveloped, field of study; yet its importance is self-evident in an age of Europeanisation of law and legal scholarship. ...
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The comparative law of property is a budding, but still extremely underdeveloped, field of study; yet its importance is self-evident in an age of Europeanisation of law and legal scholarship. Bringing together contributions of scholars from the civilian tradition (France, Germany, Italy), the common-law world (England) and mixed legal systems (Quebec, Scotland, South Africa), The Consequences of Possession examines from a historical and comparative perspective the consequences which the law derives from the recognition of a possessory relationship between a person and a thing. Excluding rights which require more than possession to be triggered (such as prescriptive acquisition or transfer of title by delivery), it focuses on the protection of possession across the divide between the two great western legal traditions.Less
The comparative law of property is a budding, but still extremely underdeveloped, field of study; yet its importance is self-evident in an age of Europeanisation of law and legal scholarship. Bringing together contributions of scholars from the civilian tradition (France, Germany, Italy), the common-law world (England) and mixed legal systems (Quebec, Scotland, South Africa), The Consequences of Possession examines from a historical and comparative perspective the consequences which the law derives from the recognition of a possessory relationship between a person and a thing. Excluding rights which require more than possession to be triggered (such as prescriptive acquisition or transfer of title by delivery), it focuses on the protection of possession across the divide between the two great western legal traditions.
- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748637546
- eISBN:
- 9780748671588
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748637546.001.0001
- Subject:
- Law, Legal History
Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text ...
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Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text discusses and analyses the legal and constitutional issues arising from the Disruption of the Church of Scotland in 1843 when the majority of leading ministers left the Church of Scotland to set up the Free Church. It takes a look at the series of cases in the Court of Session and the House of Lords between 1837 and 1843 which led to the Disruption, showing how they gave rise to the most important constitutional crisis and challenge to the Courts' authority that had occurred since the 1707 Union.Less
Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text discusses and analyses the legal and constitutional issues arising from the Disruption of the Church of Scotland in 1843 when the majority of leading ministers left the Church of Scotland to set up the Free Church. It takes a look at the series of cases in the Court of Session and the House of Lords between 1837 and 1843 which led to the Disruption, showing how they gave rise to the most important constitutional crisis and challenge to the Courts' authority that had occurred since the 1707 Union.
John W. Cairns and Paul J. du Plessis
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780748638970
- eISBN:
- 9780748651481
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748638970.001.0001
- Subject:
- Law, Legal History
This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of ...
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This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe. It discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills a gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: the sources of medieval law and how to access them; the development from cases to rules; medieval lawyers' strategies for citing each other and their significance; and the growth of a conceptual approach to the study of law.Less
This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe. It discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills a gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: the sources of medieval law and how to access them; the development from cases to rules; medieval lawyers' strategies for citing each other and their significance; and the growth of a conceptual approach to the study of law.
James Chalmers and Fiona Leverick
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780748640706
- eISBN:
- 9780748651450
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748640706.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book honours the work of Sir Gerald Gordon CBE QC LLD (1929– ). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to ...
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This book honours the work of Sir Gerald Gordon CBE QC LLD (1929– ). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to the criminal law of Scotland. His monumental work The Criminal Law of Scotland (1967) is the foundation of modern Scottish criminal law and is recognised internationally as a major contribution to academic work on the subject. Elsewhere, he has made significant contributions as an academic, judge and as a member of the Scottish Criminal Cases Review Commission. Reflecting the academic rigour and practical application of Sir Gerald's work, this volume includes chapters on criminal law theory, substantive law and evidence and procedure by practitioners and academics within and outside of Scotland, including contributions from England, Ireland, and the USA.Less
This book honours the work of Sir Gerald Gordon CBE QC LLD (1929– ). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to the criminal law of Scotland. His monumental work The Criminal Law of Scotland (1967) is the foundation of modern Scottish criminal law and is recognised internationally as a major contribution to academic work on the subject. Elsewhere, he has made significant contributions as an academic, judge and as a member of the Scottish Criminal Cases Review Commission. Reflecting the academic rigour and practical application of Sir Gerald's work, this volume includes chapters on criminal law theory, substantive law and evidence and procedure by practitioners and academics within and outside of Scotland, including contributions from England, Ireland, and the USA.
Hector MacQueen and Reinhard Zimmermann
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780748624256
- eISBN:
- 9780748651429
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748624256.001.0001
- Subject:
- Law, Company and Commercial Law
This book sets out initially to test the claim that, as combinations of civil and common law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of ...
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This book sets out initially to test the claim that, as combinations of civil and common law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL), concluded and published in 2003 by the unofficial Commission on European Contract Law. The studies go much further, however. Current official moves towards a European contract law within the European Union lend the critiques of PECL offered in this book an especial urgency and significance. A European contract law is nearer to reality than ever before, and mere policy critiques of that possibility are no longer enough. Technical and substantive assessments of PECL are also essential. This book provides just such assessments from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time it may help to inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still-vigorous and vital national laws may continue to be developed to remain in step with the needs of the present day.Less
This book sets out initially to test the claim that, as combinations of civil and common law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL), concluded and published in 2003 by the unofficial Commission on European Contract Law. The studies go much further, however. Current official moves towards a European contract law within the European Union lend the critiques of PECL offered in this book an especial urgency and significance. A European contract law is nearer to reality than ever before, and mere policy critiques of that possibility are no longer enough. Technical and substantive assessments of PECL are also essential. This book provides just such assessments from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time it may help to inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still-vigorous and vital national laws may continue to be developed to remain in step with the needs of the present day.
Global Competition
Property and Community
Judicial Control in the European Union
Broken Engagements
From Sword to Shield
The Philosophy of Criminal Law
Legality's Borders
Islamic Natural Law Theories
The Making of Legal Authority
