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Historical Introduction

John W. Cairns

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter attempts to trace the changing nature of Scots law, focusing on its main institutions and taking into account the history of politics, social and economic life, and philosophy. The story ... More


Glory with Gloag or the Stake with Stair? T B Smith and the Scots Law of Contract

Hector L MacQueen

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0007
Subject:
Law, Legal History

This chapter assesses T B Smith's work on contract law and discusses its impact upon the development of the subject in Scotland. It does so by first describing what appeared to be the general state ... More


Eighteenth-Century Scotland and the Three Unions

Colin Kidd

in Anglo-Scottish Relations from 1603 to 1900

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263303
eISBN:
9780191734137
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263303.003.0009
Subject:
History, British and Irish Modern History

This chapter is concerned with the way Enlightenment Scotland viewed the British unions. The focus of the Scottish Enlightenment was on the deeper social and economic underpinnings of political ... More


The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law

Laura J Macgregor

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0019
Subject:
Law, Comparative Law

This chapter analyses the legal rules governing unexpected circumstances in contract law in the mixed legal systems of Louisiana and Scotland. The subject lies at the heart of commercial law, and one ... More


‘Double Cross’: Comparing Scots and South African Law

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0001
Subject:
Law, Comparative Law

This chapter focuses on the interaction between Scots and South African law. It traces the origins of Scots and South African law from Roman-Dutch law. It then discusses the common ground connections ... More


Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross

Hector L MacQueen

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0003
Subject:
Law, Legal History

This chapter focuses on the ‘Cooper–Smith ideology’, which can be summarised broadly as follows. Modern Scots law was a ‘mixed’ legal system, in which a basically Roman law or Civilian structure of ... More


T B Smith’s Property

D L Carey Miller

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0008
Subject:
Law, Legal History

This chapter considers T B Smith's property work. It begins with some comments on what he wrote about the subject in general, including his contribution to the important notion of a general Scots ... More


Attitudes to Codification and the Scottish Science of Legislation, 1600–1830

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/9780748682096.003.0007
Subject:
Law, Legal History

This chapter traces the developments in Scots law from 1600 to 1830. The mindset of Scottish lawyers changed significantly over the course of the eighteenth century. In 1700, Scots law was best ... More


Unjustified Enrichment

ROBIN EVANS-JONES

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0014
Subject:
Law, Constitutional and Administrative Law, Legal History

Scots law has only recently acknowledged explicitly that there is a unitary body of law called ‘unjustified enrichment’, however, the parameters and internal body of this law still remain unclear. ... More


Negligence

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0017
Subject:
Law, Comparative Law

Unlike English law, neither Scots nor South African law recognizes a tort of negligence. However, both Scots and South African law recognize the possibility of delictual liability where one person ... More


Public Law, Private Law, and National Identity

Hector MacQueen

in After Public Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199669318
eISBN:
9780191749353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669318.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter reflects on the relationship between private law and national identity, and on the related problem of the continuities and discontinuities between legal and political nationalism. ... More


Water Law Regimes

Niall Whitty

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0011
Subject:
Law, Constitutional and Administrative Law, Legal History

The development of the Scots law of water rights broadly follows the familiar three-stage pattern found in areas throughout Scots law: a first medieval reception of English (Glanvillian) law, ... More


Community Rights in Scots Property Law

Malcolm Combe

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0005
Subject:
Law, Environmental and Energy Law

Since the establishment of the Scottish Parliament by the Scotland Act 1998, Scottish legislators have embarked on a programme of community-oriented land reform to allow for redistribution of land to ... More


Termination for Breach of Contract

Tjakie Naudé

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0011
Subject:
Law, Company and Commercial Law

This chapter considers termination as a remedy for breach of contract under the Principles of European Contract Law (PECL). The PECL provisions on termination for non-performance are similar to Scots ... More


T B Smith as a Legal Historian

John Blackie

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0004
Subject:
Law, Legal History

This chapter analyzes the nature of Smith's legal historical writing in the context in which he produced it. Smith's historical work is part of the fabric of his writing considering the general ... More


Travelling the High Road with T B Smith: Nationalism and Internationalism in the Defence of the Civilian Tradition

Vernon Valentine Palmer

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0012
Subject:
Law, Legal History

This chapter examines Smith's mentalité, which is necessarily limited and subject to further review because it relies exclusively upon Smith's own writings and an outsider's interpretation of them, ... More


Acquisition of Ownership

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0022
Subject:
Law, Comparative Law

This chapter focuses on the law of corporeal property in Scotland and South Africa. Corporeal property is divided into movable and immovable categories. Scots law, in applying the label ‘heritable’ ... More


Civilian and English Influences on Scots Criminal Law

Christopher Gane

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0010
Subject:
Law, Legal History

This chapter examines the sources of Scottish criminal law, both past and present. In his Short Commentary, having noted the views of various writers and judges, Smith makes three claims: that ‘the ... More


Hunting Promissory Estoppel

David V Snyder

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0020
Subject:
Law, Comparative Law

Promissory estoppel came into Louisiana silently, as it pervaded the rest of the United States, under the guises of other doctrines. Even after Williston discovered the hidden current in the American ... More


Scottish Law, Scottish Lawyers, and the Status of the Union

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/9780748682096.003.0005
Subject:
Law, Legal History

The Act of Union provided that the laws regulating trade, customs, and excises were to be the same in Scotland as in England. The Act also required the establishment in Scotland of a Court of ... More


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