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Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law.

The definitive text on floating charges by Scotland's leading experts The floating charge is vital to secured transactions in Scotland and plays a key role in access to finance and corporate insolvency. Bringing together leading commentators at the forefront of the topic, this book delivers wide-ranging coverage of the history, theory, practice, and potential reform of the floating charge. It presents diverse approaches, including examining floating charges from 'black letter', socio-legal, law and economics, and comparative perspectives. Key Features: - Covers the history, current law, practice and reform of this important area - Examines floating charges from a wide range of different perspectives, including doctrinal, policy-focused, theoretical and comparative approaches - Contributions from Ross G Anderson, Jennifer L L Gant, George L Gretton, Jonathan Hardman, Alisdair D J MacPherson, Donna McKenzie Skene, Magda Raczynska and Andrew J M Steven - Includes a foreword by Lord Drummond Young Jonathan Hardman is Lecturer in International Commercial Law at the University of Edinburgh Alisdair D J MacPherson is Lecturer in Commercial Law at the University of Aberdeen

Provides unique access to the key elements of David Sellar's pioneering contribution to Scottish legal history This collection brings together in one volume the principal essays of David Sellar (1941-2019) on Scottish legal history, focused upon the influence of Celtic, Canon, English and customary law in the development of Scots law. It includes a paper written during Sellar's time as Lord Lyon King of Arms (2008-2014) but left unpublished at his death, along with a general introduction by Hector L. MacQueen. Sellar was a pioneering historian of Scots law who rejected previous interpretations of the subject as a series of false starts and rejected experiments. He emphasised instead the continuity of legal development, with change a process of integration of external influences from very early times on. Sellar's approach, articulated mainly through essays published in diverse places over four decades, has had significant influence upon our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering the major essays in a single collection, this book demonstrates the scope and reach of Sellar's overall contribution. It provides an opportunity to view Sellar's work as a whole and to access his distinctive perspective on the overall trajectory of Scottish law. Hector L. MacQueen is Emeritus Professor of Private Law at the University of Edinburgh.

Focusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.

The first comparative work on Scots and Norwegian law, from town law and state formation to trade and migration Scotland and Norway have much in common when it comes to population size, harvesting natural resources at sea and in mountainous terrain, a historically protestant religious background, trends in urbanisation, state formation and later centralization of government. However, there has never been any attempt made to compare Scottish and Norwegian legal history. Bringing together experts in Norwegian and Scottish legal, economic and political history, this volume breaks new ground by being the first to compare Scottish and Norwegian legal history with a view to establishing connections and points of contact between Norwegian and Scots law. Each topic is covered in tandem by a pair of contributors: one an expert in Scots law looking at the Scottish perspective, the other an expert in Norwegian law looking at the Norwegian perspective. Key features - Brings together contributions from distinguished and early career scholars, with expertise in the fields of legal, economic and political history - Compares Scottish and Norwegian state formation, governance of the realm and town law, migration, trade and seafaring across the North Sea - Reflects on and contributes to the methodology of comparative legal history more generally - Each chapter pair is accompanied by an introduction by the editors drawing out the common themes - Organised chronologically, from the mid-13th to the mid-18th century Andrew R. C. Simpson is Professor of Scottish Legal History at the University of Edinburgh. Jørn Øyrehagen Sunde is Professor in Legal History at the University of Oslo.

A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

Provides unique access to the key elements of David Sellar's pioneering contribution to Scottish legal history This collection brings together in one volume the principal essays of David Sellar (1941-2019) on Scottish legal history, focused upon the influence of Celtic, Canon, English and customary law in the development of Scots law. It includes a paper written during Sellar's time as Lord Lyon King of Arms (2008-2014) but left unpublished at his death, along with a general introduction by Hector L. MacQueen. Sellar was a pioneering historian of Scots law who rejected previous interpretations of the subject as a series of false starts and rejected experiments. He emphasised instead the continuity of legal development, with change a process of integration of external influences from very early times on. Sellar's approach, articulated mainly through essays published in diverse places over four decades, has had significant influence upon our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering the major essays in a single collection, this book demonstrates the scope and reach of Sellar's overall contribution. It provides an opportunity to view Sellar's work as a whole and to access his distinctive perspective on the overall trajectory of Scottish law. Hector L. MacQueen is Emeritus Professor of Private Law at the University of Edinburgh.

When it was published in 2011, Law Making and the Scottish Parliament offered the first wide-ranging critical analysis of legislative developments in those areas of law and policy devolved to the Scottish Parliament under the devolution settlement. This paperback edition makes it more accessible to a wider audience. It begins with a brief account of the devolution settlement and summarises the themes emerging from the seventeen chapters. Each chapter is dedicated to a discrete area of the law and is written by an acknowledged expert in the field, providing a critical overview of the Scottish Parliament's contribution, highlighting what it has achieved, what it has failed to do and what might be done in the future. In a single volume, Law Making and The Scottish Parliament: The Early Years provides a scholarly evaluation of the legislative achievements of Scotland's devolved parliament in its first decade. It will appeal to legal and other scholars and students, lawyers and anyone with an interest in Scottish politics, policy-making and law. Edited by Professor Elaine E. Sutherland, Dr. Kay E. Goodall, Professor Gavin F.M. Little and Professor Fraser P. Davidson, all of the School of Law, University of Stirling.

The first volume of two, this collection of essays on Scots Law represents a selection of the most cited articles published by Professor John W. Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. This collection covers the foundation and continuity of Scots Law from 16th and 17th century Scotland through the 18th century influence of Dutch Humanism into the 19th century and the further development of the Scots legal system and profession.

Compares trust and patrimony laws in England, Scotland, Quebec and the Netherlands. This volume explores the multiple ways in which the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It features papers written by law scholars.

Intends to look in a coherent fashion at the topic of possession in Law from a comparative and historical perspective. This volume attempts to answer questions such as: Why protect possession? How is possession understood in civilian legal systems and in the common law? What are the remedies provided by the law for the sheer fact of possession?

The first comparative study of the relationship between law courts and substantive law in the early modern periodBringing together some of the most distinguished scholars in the field including John Ford, David Ibbetson, Javier García Martín, Annamaria Monti, Peter Oestmann, Heikki Pihlajamäki and Alain Wijffels, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law - and not on its systematisation by learned jurists - it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re-evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law. Key Features:. A comparative study on the passage from late medieval to early modern civil law from a practical viewpoint. Assesses the influence of law courts on the development of substantive law. Re-evaluates and challenges current orthodox views about early modern civil lawGuido Rossi is Reader in European Legal History at the University of Edinburgh.

This book will 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.

A study of legislative developments in areas of law and policy devolved to the Scottish Parliament.

This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.

A comparative study of the 'mixed jurisdictions' of Scotland and Louisiana.

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.

This book provides a survey of the debate about the relationship between law and society in the Roman world.

Selected essays by Professor William Gordon on Roman law and Scots law.

This collection of essays considers the work of Professor Sir Thomas Smith QC (1915--1988) and, through that work, the development of Scots law as a mixed legal system.

Comparative and succession law in Scotland and South Africa, including a comparison with Dutch law.