Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new ius commune. For Scotland stands at the intersection of the two great traditions of European law--of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential. This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.
| ||||||||||||||||||
Did you know you can trade in your old books for an Amazon.co.uk Gift Card to spend on the things you want? Visit the Books Trade-In Store for more details. Special Offer until June 30, 2013: Receive an additional £5 promotional Gift Certificate, when you trade-in at least £10 worth of books. Learn more. |
Book Description
Product details
Would you like to update product info or give feedback on images?
|
Product Description
Review
... fine collection. Handsomely turned out and sensitively edited, Reid and Zimmermann's publication is indispensable for readers in quest of a nuanced historical account of Scots private law. (ZNR (Zeitschrift für Neuere Rechtsgeschichte )
... there is an immense amount of interest, importance and value in these essays. They have been most thoroughly researched and make substantial additions to our understanding of the themes. (The Journal of the Law Society of Scotland )
... one of the most significant academic legal titles, so far, of the new millennium ... an arguably unrivalled (of its kind) modern work tracing the history of private law in Scotland ... there is nothing else around to touch it ... superbly signposted and referenced. The attention to detail is excellent. (Scottish Law Gazette )
... there is an immense amount of interest, importance and value in these essays. They have been most thoroughly researched and make substantial additions to our understanding of the themes. (The Journal of the Law Society of Scotland )
... one of the most significant academic legal titles, so far, of the new millennium ... an arguably unrivalled (of its kind) modern work tracing the history of private law in Scotland ... there is nothing else around to touch it ... superbly signposted and referenced. The attention to detail is excellent. (Scottish Law Gazette )
Inside This Book
(Learn More)
Browse and search another edition of this book.
Browse and search another edition of this book.
Sell a Digital Version of This Book in the Kindle Store
If you are a publisher or author and hold the digital rights to a book, you can sell a digital version of it in our Kindle Store.
Learn more
Customer Reviews
There are no customer reviews yet on Amazon.co.uk.
5 star
4 star
3 star
2 star
1 star
Most Helpful Customer Reviews on Amazon.com (beta)
Amazon.com:
5.0 out of 5 stars
1 review
1 of 1 people found the following review helpful
5.0 out of 5 stars
Indispensable guide to history of Scots law
9 Feb 2001
By A Customer
- Published on Amazon.com
Format:Hardcover
Scotland has a small but important legal system, for Scotland is what is called a "mixed legal system". Like South AFrica, Quebec and Louisiana Scotland has been influenced by the civilian (Roman law) tradition from continental Europe; and (due to its proximity to England) by the common law, anglo-american tradition. While unusual, as the European Union works towards harmonisation of its private law, Scotland is taking on a pivotal role. The Scottish legal system is a working example of how common law and civil law can work together in one system. Scotland therefore finds itself at the centre of European harmonisation projects.
This background perhaps explains the involvement of one of the editors of the volume, Professor Reinhard Zimmermann. He, one of the foremost legal academics in Germany, is a proponent of the new jus commune (common European private law). The other editor, Kenneth Reid is a Law Commissioner (a law reformer), and Professor of Property law at Edinburgh University.
Together the editors have collected the cream of Scottish academia to produce a definitive history of private law in Scotland (Specifically the law of property, and the law of obligations (comprising the law of unjustified enrichment, contract, and delict (or tort)). The articles focus on discrete subjects in private law, and allow authors in tracing the historical development to assess the extent to which the law stems from old Scottish common law, English influence, or influence from the civilina tradition (particularly through Dutch writings).
This is a majestic publication, virtually every article being of the highest quality. It is unfair to select particular contributions, but the following stand out for this reviewer. Firstly Professor John Cairns has produced a concise history of Scots law. This is masterful, and acts as a wonderful introduction to historians and lawyers to Scottish legal history.
Singling out contributions is unwise but a special mention should be made of Prof John Blackie's chapter on the law of defamation and verbal injury. It is a majstic work, clearly demonstrating the influence of Voet, a Dutch jurist, on the writing of Bankton, a Scottish writer; and thus demonstrating the influence of the Dutch work on the future development of Scots law.
To know a country's law and to determine how a country's laws should be chnaged one needs to know about the country's history. this book ably satisfies this requirement. It is one of the most important Scottish legal textbooks of the twentieth century. Its influence will live long.
Anyone interested in legal history should acquire this book.
›
Go to Amazon.com to see the review
5.0 out of 5 stars
Was this review helpful?
Let us know
Listmania!
Look for similar items by category
Feedback
- Would you like to update product info or give feedback on images?
- I am the Author, and I want to comment on my book.
- I am the Publisher, and I want to comment on this book.
