- 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 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.
Niall R Whitty
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780748623358
- eISBN:
- 9780748651467
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748623358.003.0005
- Subject:
- Law, Legal History
In Anderson v Hogg a shareholder in a company presented a petition under section 459 of the Companies Act 1985 for relief against unfair prejudice. The petitioner sought to have the respondent ...
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In Anderson v Hogg a shareholder in a company presented a petition under section 459 of the Companies Act 1985 for relief against unfair prejudice. The petitioner sought to have the respondent ordained to repay to the company sums which the company had paid to the respondent by way of allegedly unauthorised salary bonus, redundancy payments, and the like. In the Outer House, Lord Reed found that the various payments did not result in unfair prejudice to the petitioning shareholder and refused the petition. This chapter argues that the traditional Scottish scepticism about equity as a source is well justified. In particular, it is justified by among other things the very policy against unwise anglicisation which Sir Thomas normally preached. More specifically, the chapter contends that it is misleading to say that the Court of Session has an equitable jurisdiction comparable to that of the English Court of Chancery; that we do not need such a jurisdiction; and what is more we are better off without it.Less
In Anderson v Hogg a shareholder in a company presented a petition under section 459 of the Companies Act 1985 for relief against unfair prejudice. The petitioner sought to have the respondent ordained to repay to the company sums which the company had paid to the respondent by way of allegedly unauthorised salary bonus, redundancy payments, and the like. In the Outer House, Lord Reed found that the various payments did not result in unfair prejudice to the petitioning shareholder and refused the petition. This chapter argues that the traditional Scottish scepticism about equity as a source is well justified. In particular, it is justified by among other things the very policy against unwise anglicisation which Sir Thomas normally preached. More specifically, the chapter contends that it is misleading to say that the Court of Session has an equitable jurisdiction comparable to that of the English Court of Chancery; that we do not need such a jurisdiction; and what is more we are better off without it.
John W Cairns
- Published in print:
- 2015
- Published Online:
- January 2018
- ISBN:
- 9780748682133
- eISBN:
- 9781474415972
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748682133.003.0012
- Subject:
- Law, Legal History
This chapter examines how the jurisprudence of the Scottish Enlightenment influenced the reform of the Court of Session and its procedure. It first provides an overview of legislation and courts in ...
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This chapter examines how the jurisprudence of the Scottish Enlightenment influenced the reform of the Court of Session and its procedure. It first provides an overview of legislation and courts in eighteenth-century Scotland before discussing the idea of the ‘legislator’, with particular emphasis on some of the attitudes taken to it and the ambiguities of the term. It then considers the development of ethical theory in Scotland during the period, along with Adam Smith's legal philosophy. It also analyses Smith's science of legislation and its implications in the context of Scottish legal history. It concludes by showing how Scottish rejection of ethical rationalism and Smith's science of legislation provided what can be described as a sustained critique of the contemporary structure of the Court of Session and of its operation.Less
This chapter examines how the jurisprudence of the Scottish Enlightenment influenced the reform of the Court of Session and its procedure. It first provides an overview of legislation and courts in eighteenth-century Scotland before discussing the idea of the ‘legislator’, with particular emphasis on some of the attitudes taken to it and the ambiguities of the term. It then considers the development of ethical theory in Scotland during the period, along with Adam Smith's legal philosophy. It also analyses Smith's science of legislation and its implications in the context of Scottish legal history. It concludes by showing how Scottish rejection of ethical rationalism and Smith's science of legislation provided what can be described as a sustained critique of the contemporary structure of the Court of Session and of its operation.
John Finlay
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780748645770
- eISBN:
- 9780748676545
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748645770.003.0007
- Subject:
- Law, Legal History
This chapter examines the roles of some of the main office holders within the Court of Session who dominated the writing chambers which governed the functioning of the court. In particular, the role ...
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This chapter examines the roles of some of the main office holders within the Court of Session who dominated the writing chambers which governed the functioning of the court. In particular, the role and significance of the clerks of session is investigated. At a less exalted level, the practical significance of lesser clerks and extractors is discussed, along with those who collected fees, worked in the chancery and privy seal office, and held custody of records. The preservation of records within the College, and the wider significance of College members in preserving legal and historical records, is also investigated.Less
This chapter examines the roles of some of the main office holders within the Court of Session who dominated the writing chambers which governed the functioning of the court. In particular, the role and significance of the clerks of session is investigated. At a less exalted level, the practical significance of lesser clerks and extractors is discussed, along with those who collected fees, worked in the chancery and privy seal office, and held custody of records. The preservation of records within the College, and the wider significance of College members in preserving legal and historical records, is also investigated.
Sheila A M McLean
- Published in print:
- 2010
- Published Online:
- September 2015
- ISBN:
- 9781845860677
- eISBN:
- 9781474406260
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860677.003.0008
- Subject:
- Law, Legal History
This chapter examines the Law Hospital NHS Trust case (1996) involving Janet Johnstone, a patient in a permanent vegetative state (PVS). Johnstone received assisted nutrition and hydration (ANH) ...
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This chapter examines the Law Hospital NHS Trust case (1996) involving Janet Johnstone, a patient in a permanent vegetative state (PVS). Johnstone received assisted nutrition and hydration (ANH) treatment for almost three years. The issue in this case is whether or not the State, through the courts, can allow medical professionals to discontinue the ANH treatment and bring about the death of a PVS patient. The case moved from the Court of Session to the House of Lords whose ruling favoured the discontinuance of the ANH treatment. The case highlighted ethical and clinical dilemmas. The ethical dilemma centred on whether or not it was right to discontinue Johnstone's life support. The clinical dilemma focused on whether or not it could ever be appropriate to continue to use scarce resources, namely the time and expertise of medical professionals.Less
This chapter examines the Law Hospital NHS Trust case (1996) involving Janet Johnstone, a patient in a permanent vegetative state (PVS). Johnstone received assisted nutrition and hydration (ANH) treatment for almost three years. The issue in this case is whether or not the State, through the courts, can allow medical professionals to discontinue the ANH treatment and bring about the death of a PVS patient. The case moved from the Court of Session to the House of Lords whose ruling favoured the discontinuance of the ANH treatment. The case highlighted ethical and clinical dilemmas. The ethical dilemma centred on whether or not it was right to discontinue Johnstone's life support. The clinical dilemma focused on whether or not it could ever be appropriate to continue to use scarce resources, namely the time and expertise of medical professionals.
Gavin Little
- Published in print:
- 2010
- Published Online:
- September 2015
- ISBN:
- 9781845860677
- eISBN:
- 9781474406260
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860677.003.0002
- Subject:
- Law, Legal History
This chapter explores the MacCormick case, a Scottish constitutional landmark inquest. John MacCormick, an accomplished solicitor and partner of a law firm based in Glasgow, claimed that the British ...
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This chapter explores the MacCormick case, a Scottish constitutional landmark inquest. John MacCormick, an accomplished solicitor and partner of a law firm based in Glasgow, claimed that the British Parliament breached the basic law of the Treaty of Union of 1707 when they passed the Royal Titles Act 1953. He argued that the passage of the Act demonstrated the excessive power of the Parliament. The Court of Session however still dismissed the case based on the jury's ruling that parliamentary sovereignty was a basic principle of the Scottish constitutional law. The case gained considerable attention not only due to its commitment to the Scottish indigeneity, but also due to the controversial dissenting opinion of Lord Cooper, the Lord President of the Court of Session.Less
This chapter explores the MacCormick case, a Scottish constitutional landmark inquest. John MacCormick, an accomplished solicitor and partner of a law firm based in Glasgow, claimed that the British Parliament breached the basic law of the Treaty of Union of 1707 when they passed the Royal Titles Act 1953. He argued that the passage of the Act demonstrated the excessive power of the Parliament. The Court of Session however still dismissed the case based on the jury's ruling that parliamentary sovereignty was a basic principle of the Scottish constitutional law. The case gained considerable attention not only due to its commitment to the Scottish indigeneity, but also due to the controversial dissenting opinion of Lord Cooper, the Lord President of the Court of Session.
Conrad Russell
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780198205883
- eISBN:
- 9780191676833
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205883.003.0004
- Subject:
- History, British and Irish Early Modern History
This chapter discusses the Treaty of London, an agreement between the Scots and Charles I. The terms include the prosecution of the ‘incendiaries’ responsible for the Bishops' Wars and restoration of ...
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This chapter discusses the Treaty of London, an agreement between the Scots and Charles I. The terms include the prosecution of the ‘incendiaries’ responsible for the Bishops' Wars and restoration of Scottish Castles to Scottish Control. The Scots were to secure reparation for their losses. These were followed by the demand for an Act of Oblivion in both kingdoms which stated that between Parliaments, there should be a body of constant and select commissioners of both nations called Conservatores Pacis, who were to try wrongs done by either kingdoms to the other. A final demand was that membership of the Scottish Council and Court of Session should be confined to ‘such as may stand with our religion’. It is a good example of the exigencies of dealing with Charles I, that, when translated into practical terms, this became a proposal for Parliamentary nomination.Less
This chapter discusses the Treaty of London, an agreement between the Scots and Charles I. The terms include the prosecution of the ‘incendiaries’ responsible for the Bishops' Wars and restoration of Scottish Castles to Scottish Control. The Scots were to secure reparation for their losses. These were followed by the demand for an Act of Oblivion in both kingdoms which stated that between Parliaments, there should be a body of constant and select commissioners of both nations called Conservatores Pacis, who were to try wrongs done by either kingdoms to the other. A final demand was that membership of the Scottish Council and Court of Session should be confined to ‘such as may stand with our religion’. It is a good example of the exigencies of dealing with Charles I, that, when translated into practical terms, this became a proposal for Parliamentary nomination.
Elspeth Reid
- Published in print:
- 2010
- Published Online:
- September 2015
- ISBN:
- 9781845860677
- eISBN:
- 9781474406260
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860677.003.0005
- Subject:
- Law, Legal History
This chapter discusses the civil reparation lawsuit filed by May Donoghue against David Stevenson, a manufacturer of ginger beer. Donoghue alleged that the ginger beer float that she drank contained ...
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This chapter discusses the civil reparation lawsuit filed by May Donoghue against David Stevenson, a manufacturer of ginger beer. Donoghue alleged that the ginger beer float that she drank contained the decomposing remains of a snail, and caused her to suffer from gastro-enteritis. She initially claimed to the Court of Session that Stevenson should have observed duty of care as the concoction's manufacturer. In his defence, Stevenson argued that manufacturers could not be reasonably required to answer for the safety of their products to the ultimate consumers, to whom they do not owe duty of care. Donoghue won in the first instance the case was tried, causing Stevenson to appeal before the House of Lords, which also favoured Donoghue.Less
This chapter discusses the civil reparation lawsuit filed by May Donoghue against David Stevenson, a manufacturer of ginger beer. Donoghue alleged that the ginger beer float that she drank contained the decomposing remains of a snail, and caused her to suffer from gastro-enteritis. She initially claimed to the Court of Session that Stevenson should have observed duty of care as the concoction's manufacturer. In his defence, Stevenson argued that manufacturers could not be reasonably required to answer for the safety of their products to the ultimate consumers, to whom they do not owe duty of care. Donoghue won in the first instance the case was tried, causing Stevenson to appeal before the House of Lords, which also favoured Donoghue.
Kenneth McK Norrie
- Published in print:
- 2010
- Published Online:
- September 2015
- ISBN:
- 9781845860677
- eISBN:
- 9781474406260
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860677.003.0004
- Subject:
- Law, Legal History
This chapter examines the civil reparation lawsuit filed by Scottish spouses George McFarlane and Laura Helen McFarlane against the Tayside Health Board. The McFarlanes alleged that Mr Irving, a ...
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This chapter examines the civil reparation lawsuit filed by Scottish spouses George McFarlane and Laura Helen McFarlane against the Tayside Health Board. The McFarlanes alleged that Mr Irving, a Health Board surgeon, performed a botched vasectomy on George McFarlane that led to the unplanned pregnancy of Laura McFarlane. The claim was brought before the Court of Session and the House of Lords; both of the judicial bodies gave an almost similar majority judgment and subsequently dismissed the case. According to the judicial bodies, the law has viewed the birth of a normal healthy baby as a blessing rather than a detriment; thus, for this particular case, there was no loss at all.Less
This chapter examines the civil reparation lawsuit filed by Scottish spouses George McFarlane and Laura Helen McFarlane against the Tayside Health Board. The McFarlanes alleged that Mr Irving, a Health Board surgeon, performed a botched vasectomy on George McFarlane that led to the unplanned pregnancy of Laura McFarlane. The claim was brought before the Court of Session and the House of Lords; both of the judicial bodies gave an almost similar majority judgment and subsequently dismissed the case. According to the judicial bodies, the law has viewed the birth of a normal healthy baby as a blessing rather than a detriment; thus, for this particular case, there was no loss at all.
