A History Of Private Law In Scotland PDF Download

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 jus 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 a detailed and systematic study in the field of private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day. A picture emerges of the slow but profound reception of civil law, beginning in the medieval period and continuing until the eighteenth century and of the influential role of Canon law.