A History of Private Law in Scotland

Editor, Reinhard Zimmerman

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English

Oxford University Press
01 January 2001

Roman law; Comparative law; Laws of Specific jurisdictions

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.

By: Editor
Edited by: Reinhard Zimmerman
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 230mm, Width: 150mm,
Weight: 2.622kg
ISBN: 9780198299417
ISBN 10: 0198299419
Pages: 1600
Publication Date: 01 January 2001
Audience: College/higher education , Professional and scholarly , Postgraduate, Research & Scholarly , A / AS level , Undergraduate
Format: Hardback
Publisher's Status: Active

Reviews for A History of Private Law in Scotland

... 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 fur 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