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The Civil Law in Scotland☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0024
Subject:
Law, Legal History

This article examines three issues – the distinction between Roman law and the Civil law derived from it; reception of legal systems and the place of Roman and Civil law in Scottish legal education. ... More


A Comparison of the Influence of Roman Law in England and Scotland☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0023
Subject:
Law, Legal History

Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common ... More


Roman Law, Scots Law and Legal History: Selected Essays

William Gordon

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.001.0001
Subject:
Law, Legal History

A collection of articles on themes of Roman law, Scots law and legal history arranged in five groups. The first deals with problems in the Roman law of property and obligations, including three ... More


Embracing Diversity – The Role of the Hague Conference in the Creation of Universal Instruments

Hans van Loon

in Diversity and Integration in Private International Law

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474447850
eISBN:
9781474476492
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474447850.003.0003
Subject:
Law, Private International Law

The Hague Conference on Private International Law (HCCH) has been a laboratory for the development, and servicing, of legal instruments to handle the diversity of legal systems, in the interests of ... More


Rhetoric, Language, and Roman Law: Legal Education and Improvement in Eighteenth-Century Scotland

John W Cairns

in Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682133
eISBN:
9781474415972
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682133.003.0002
Subject:
Law, Legal History

This chapter examines how the development of theories of rhetoric affected styles of law teaching in eighteenth-century Scotland, leading to the development of the practice of teaching in the English ... More


Ius Civile in Scotland, c 1600

John W Cairns

in Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682096
eISBN:
9781474415989
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682096.003.0003
Subject:
Law, Legal History

This chapter analyzes the changing nature of the references to sources in Scotland in the 100 years or so after the founding of the College of Justice. It traces a decline in the overt reliance on ... More


The Origins of the Glasgow Law School: The Professors of Civil Law, 1714–1761

John W Cairns

in Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682133
eISBN:
9781474415972
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682133.003.0005
Subject:
Law, Legal History

This chapter examines the establishment of legal education in the University of Glasgow in 1714 and its development over the next five decades. The University of Glasgow established a chair in Civil ... More


Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0011
Subject:
Law, Legal History

In a case on the abandonment of a mineral lease on the ground of sterility considerable use appeared to be made of Roman law. Closer examination revealed that the references were apparently simply ... More


Unjust Deeds: The Restrictive Covenant Cases and the Making of the Civil Rights Movement

Jeffrey D. Gonda

Published in print:
2015
Published Online:
May 2016
ISBN:
9781469625454
eISBN:
9781469625478
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469625454.001.0001
Subject:
History, African-American History

Unjust Deeds explores the history of an often overlooked civil rights milestone: the landmark U.S. Supreme Court decision in Shelley v. Kraemer (1948). In a group of cases from St. Louis, Detroit, ... More


“Famous as a School for Law, as Edinburgh … for Medicine”: Legal Education in Glasgow, 1761–1801

John W Cairns

in Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682133
eISBN:
9781474415972
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682133.003.0007
Subject:
Law, Legal History

This chapter examines legal education in the University of Glasgow during the period 1761–1801, focusing on John Millar's tenure as chair of Civil Law. Millar succeded Robert Davidson, who failed to ... More


Roman and Scots Law – the Conditiones si sine Liber is Decessert☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0008
Subject:
Law, Legal History

A Roman origin is claimed for the conditio si institutus sine liberis decesserit which allows an heir to claim in preference to a substitute and the conditio si testator sine liberis decesserit which ... More


The Context of Civil Rights Litigation

Kent Spriggs (ed.)

in Voices of Civil Rights Lawyers: Reflections from the Deep South, 1964–1980

Published in print:
2017
Published Online:
January 2018
ISBN:
9780813054322
eISBN:
9780813053134
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813054322.003.0003
Subject:
History, American History: 20th Century

Part 2 provides the context for civil rights litigation and includes chapter 3, “Big Events”; chapter 4, “The Tenor of the Times”; chapter 5, “Arrests of Lawyers (and Other ‘Minor Indignities’)”; and ... More


The Legacy of Smith’s Jurisprudence in Late Eighteenth-Century Edinburgh

John W. Cairns

in Philosophy, Rights and Natural Law: Essays in Honour of Knud Haakonssen

Published in print:
2019
Published Online:
September 2019
ISBN:
9781474449229
eISBN:
9781474460200
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474449229.003.0012
Subject:
Philosophy, Political Philosophy

The chapter explores the development of law teaching in the University of Edinburgh in the later eighteenth-century, showing how Adam Smith's thinking promoted the development by law professors, all ... More


From “Speculative” to “Practical” Legal Education: The Decline of the Glasgow Law School, 1801–1830

John W Cairns

in Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682133
eISBN:
9781474415972
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682133.003.0009
Subject:
Law, Legal History

This chapter focuses on the decline of the Glasgow Law School during the period 1801–1830. When John Millar died in 1801, he was succeeded by Robert Davidson, who lacked his predecessor's broad, ... More


The Civil Law: History and Nationalism in Germany and Turkey

Dana Zartner

in Courts, Codes, and Custom: Legal Tradition and State Policy toward International Human Rights and Environmental Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199362103
eISBN:
9780199362127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199362103.003.0004
Subject:
Political Science, Comparative Politics, International Relations and Politics

This chapter develops the differences between the common and civil law traditions. While many civil and common law countries have legal traditions grounded in the rule of law and participation in the ... More


The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

Peter Charles Hoffer

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226614281
eISBN:
9780226614458
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614458.001.0001
Subject:
Law, Legal History

The Search for Justice is a study of the role of lawyers in the Civil Rights Revolution. The work focuses on school desegregation from 1950 to 1975 and includes counsel on both sides of the struggle ... More


Balfour's Registrum☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0021
Subject:
Law, Legal History

Balfour in his Practicks refers to cases in a Registrum now lost, recording decisions of the Lords of Council. He converts the references into propositions of law for which the cases serve as ... More


Voices of Civil Rights Lawyers: Reflections from the Deep South, 1964–1980

Kent Spriggs (ed.)

Published in print:
2017
Published Online:
January 2018
ISBN:
9780813054322
eISBN:
9780813053134
Item type:
book
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813054322.001.0001
Subject:
History, American History: 20th Century

Twenty-six contributors tell their stories about being civil rights lawyers in the Deep South. A thematic structure is employed to reflect these stories. Ten of the stories describe how children of ... More


Erosion of Secular Principles

Flavia Agnes

in Law and Gender Inequality: The Politics of Women's Rights in India

Published in print:
2001
Published Online:
October 2012
ISBN:
9780195655247
eISBN:
9780199081189
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195655247.003.0007
Subject:
Law, Family Law

This chapter evaluates the extent to which the state adhered to the principle of a unified secular family law. It explains that the first departure of the state from the declared objective was the ... More


Racial Taxation: Schools, Segregation, and Taxpayer Citizenship, 1869-1973

Camille Walsh

Published in print:
2018
Published Online:
September 2018
ISBN:
9781469638942
eISBN:
9781469638959
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469638942.001.0001
Subject:
History, African-American History

In the United States, it is quite common to lay claim to the benefits of society by appealing to “taxpayer citizenship”--the idea that, as taxpayers, we deserve access to certain social services like ... More


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