Scottish Legal System

A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts. This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence. This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.

Whether youOCOre studying Law in Scotland or looking to convert to Scots law, this invaluable guide will quickly equip you with all the basics of the Scottish legal system. Fully updated for the third edition, it is the ideal textbook for busy law students and revising for those all-important exams. Summary sections of Essentials Facts and Essential Cases will help you to identify, understand and remember the key elements of the subject."e;

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Scots law and the legal institutions of Scotland are markedly different to that in the rest of the UK, determined by its own distinctive history and its relationship with other legal systems. Written in plain English for non-lawyers, this publication examines the Scottish legal system post-devolution, covering a range of topics including: the origins and sources of Scots law; the judicial system; civil courts and civil judicial procedure; tribunals; criminal courts and the criminal justice system; legal personnel including judges and sheriffs, public prosecutors and the legal profession; the administration of the Scottish legal system; judicial review; legal aid and other sources of assistance.

The authoritative text on banking litigation containing an essential collection of materials by leading practitioners. An insightful and analytical approach to key topics including lending and security, payment, conflicts of law, and regulatory and procedural issues.

This detailed introduction to the study of Scots law sets out the background to Scots law, the materials of legal study and the methods of working, providing students with the knowledge they need in order to study the specialist branches of the law effectively. It also acts as a useful reference tool for non-lawyers seeking information on the Scottish legal system. Comprehensively updated and revised throughout, the 8th edition takes full account of major legislative changes and developments, with an extensive examination of the Scottish Parliament, and its executive departments and agencies, including those of the Scottish Executive. The Human Rights Act 1998 is discussed and developments in EU law are taken into account.

Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy.

First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.

This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.