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Law and Opinion in Scotland During the Seventeenth Century - John D. Ford

Law and Opinion in Scotland During the Seventeenth Century

By: John D. Ford

Hardcover | 1 November 2007 | Edition Number 1

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"In Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland."--BOOK JACKET.
Industry Reviews
Law and Opinion in Scotland during the Seventeenth Century is a work of major importance in Scottish legal historiography, and indeed is of a broader significance. The other two volumes of the proposed series will be eagerly anticipated. Adelyn L. M. Wilson Edinburgh Law Review Vol. 12, 2008 ...the reader will find the detailed results of immense scholarship and an invaluable resource for those with a need more clearly to understand the Scottish writings of the seventeenth century. James McNeill Jersey and Guernsey Law Review October 2008, Vol 12 [This book] can be regarded without qualification as a remarkable work of the most fundamental importance. It not only transforms understanding of the subject but also of the nature of the analysis which can profitably be brought to bear on the pursuit of that understanding. It is a work of extraordinary range and originality, exhibiting a degree of scholarship which is simply breathtaking in scope and depth, and based on an immensely detailed and considered treatment of manuscript and printed historical sources which transcends any previous work on the subject...The book is relevant to all legal historians of early modern Europe, not only Scotland or England. Mark Godfrey The Journal of Legal History vol 29, No 3, December 2008

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