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Book
lxxiii, 543 pages : illustrations ; 24 cm
Law Library (Crown)

2. Scottish legal history [2017 - ]

Book
volumes ; 25 cm
  • Volume 1. 1000-1707.
Discover how Scots law come into being, its use in dispute resolution in the medieval and early modern periods and how its authority developed over the centuries to the 1707 Union with England.
(source: Nielsen Book Data)9780748697397 20180409
Law Library (Crown)
Book
viii, 255 pages ; 25 cm.
  • Introduction: Scottish lawyers in the Scottish enlightenment
  • An enlightened advocate's library
  • Two scholars : Areskine, Aikenhead, and their books
  • Scottish legal scholars abroad
  • A flourishing market for books
  • Advocates' books in early eighteenth-century Scotland
  • "Miscellaneous books" : Charles Areskine's polite learning
  • The Scottish gentleman's library
  • The fates of books : the Alva collections
  • Conclusion.
In Charles Areskine's Library, Karen Baston uses a detailed study of an eighteenth-century Scottish advocate's private book collection to explore key themes in the Scottish Enlightenment including secularisation, modernisation, internationalisation, and the development of legal literature in Scotland. By exploring a surviving manuscript dated 1731that lists a Scottish lawyer's library, Karen Baston demonstrates that the books Charles Areskine owned, used in practice, and read for pleasure embedded him in the intellectual culture that expanded in early eighteenth-century Scotland. Areskine and his fellow advocates emerged as scholarly and sociable gentlemen who led their nation. Lawyers were integral to and integrated with the Scottish society that allowed the Scottish Enlightenment to take root and flourish within Areskine's lifetime.
(source: Nielsen Book Data)9789004315372 20170117
Law Library (Crown)
Book
xiii, 239 pages ; 26 cm.
  • Introduction
  • 1560-1843 reformation to disruption
  • 1843-1929 disruption to union
  • The Church of Scotland today
  • Outside establishment
  • Education
  • Personal relationships : marriage, civil partnerships, divorce and children
  • Other interactions of religion and law
  • Conclusion.
The interaction of faith and the community is a fundamental of modern society. The first country to adopt Presbyterianism in its national church, Scotland adopted a system of church government, which is now in world-wide use. This book examines the development and current state of Scots law. Drawing on previous material as well as discussing current topical issues, this book makes some comparisons between Scotland and other legal and religious jurisdictions. The study first considers the Church of Scotland, its 'Disruption' and statutorily recognised reconstitution and then the position of other denominations before assessing the interaction of religion and law and the impact of Human Rights and various discrimination laws within this distinctive Presbyterian country. This unique book will be of interest to both students and lecturers in constitutional and civil law, as well as historians and ecclesiastics.
(source: Nielsen Book Data)9781409450641 20160919
Law Library (Crown)
Book
lxi, 303 pages ; 22 cm.
Exploring the relationship between law and society, this classic edition of Common Law and Feudal Society brings a key legal history text back to life in a popular new series. The close links between the Scots and English law in the Middle Ages have long been recognised. This text assesses the relevance of traditional approaches to Scottish legal history, setting the development of medieval law within the context of a society in which private lordship, exercised through courts and other less formal methods of dispute settlement, played a key role alongside royal justice. Based on extensive research, this book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session.
(source: Nielsen Book Data)9781474407465 20160704
Green Library
Book
268 pages ; 24 cm
  • The global development of the Westminster model
  • The Scottish context
  • The emergent Scottish constitutional tradition
  • 2002 draft I : parliament and the legislative power
  • 2002 draft II : head of state and the executive branch
  • 2002 draft III : judiciary, rights and substantive provisions
  • The SNP's constitutional policy 2002-14 : from liberal procedural constitutionalism to democratic populism?
Before the independence referendum in 2014, the First Minister of Scotland Alex Salmond promised a written constitution for Scotland in the event of a 'Yes' vote. The UK is almost unique in having never adopted a written constitution or other fundamental law. Why did this commitment arise in Scotland?
(source: Nielsen Book Data)9780748697595 20170418
Law Library (Crown)
Book
x, 360 pages : illustrations ; 24 cm
  • Introduction / Tom Mullen
  • The independence referendum in historical and political context / Colin Kidd and Malcolm Petrie
  • The Scottish independence referendum : a model of good practice in direct democracy? / Stephen Tierney
  • The referendum campaign / James Mitchell
  • The constitutional case for independence / Aileen McHarg
  • Making the case for union : exactly why are we better together? / Jim Gallagher
  • Economics and national autonomy / Andrew Scott
  • Scotland, secession, and the European Union / Sionaidh Douglas-Scott
  • International law, the independence debate, and the political settlement in the UK / Christine Bell
  • A constitution in flux : the dynamics of constitutional change after the referendum / Nicola McEwen
  • The territorial constitution and the future of Scotland / Neil Walker
  • The referendum debate, the democratic deficit, and the governance of Scotland / Alan Page
  • Devolutionary federalism within a Westminster-derived context / Nicholas Aroney
  • The technical Jekyll and the political Hyde : the constitutional law and politics of Scotland's independence "neverendum" / Andrew Tickell.
The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.
(source: Nielsen Book Data)9780198755524 20170907
Law Library (Crown)
Book
xxxv, 334 pages ; 26 cm
  • The framework
  • The institutions of devolved government
  • Devolved competence
  • Beyond the Scottish government
  • The resources of government
  • Checks on government
  • Beyond the Scottish dimension.
Now in its tenth edition, MacGillivray on Insurance Law is the classic work, dealing with all insurance risks other than marine and taking account of key legislative developments and judicial decisions. Dating back to 1912, MacGillivray has earned a reputation for being definitive and reliable. New for the 10th edition is coverage of the new regulatory regime under the Financial Services and Markets Act 2000 as it affects insurance companies, Lloyd's underwriters and intermediaries. Additionally, every chapter has been revised to take account of case and statute law since the last edition in 1997. * A major work which is frequently cited in court * Authoritative: an essential purchase for practitioners in this field * Offers wide coverage of insurance law (except marine insurance) making it a useful practitioner's book * Includes coverage of Scottish law - often not covered by other texts * Up-to-date with major recent legislation.
(source: Nielsen Book Data)9780414014565 20160618
Law Library (Crown)
Book
9 pages.
Green Library
Book
xxviii, 460 pages ; 24 cm.
  • Lawyers, law professors, and localities : the universities of Aberdeen, 1680-1750
  • Rhetoric, language and Roman law : legal education and improvement in eighteenth-century Scotland
  • The influence of Smith's jurisprudence on legal education in Scotland
  • The first Edinburgh Chair in Law : Grotius and the Scottish enlightenment
  • The origins of the Glasgow Law School : the professors of civil law, 1714-1761
  • William Crosse, Regius Professor of Civil Law in the University of Glasgow, 1746-1749 : a failure of enlightened patronage
  • "Famous as a school for law as Edinburgh ... for medicine" : legal education in Glasgow, 1761-1801
  • John Millar, Ivan Andreyevich Tret'yakov, and Semyon Efimovich Desnitsky : a legal education in Scotland, 1761-1767
  • From "speculative" to "practical" legal education : the decline of the Glasgow Law School, 1801-1830
  • John Millar's lectures on Scots criminal law
  • Hamesucken and the major premiss in the libel 1672-1770 : criminal law in the Age of Enlightenment
  • Ethics and the science of legislation : legislators, philosophers, and courts in eighteenth-century Scotland
  • Stoicism, slavery, and law : Grotian jurisprudence and its reception
  • The noose hidden under flowers : marriage and law in Saint Ronan's well
  • A note on The bride of Lammermoor : why Scott did not mention the Dalrymple legend until 1830.
The second volume in a collection of the most influential essays on legal history from the career of John W Cairns. Enlightenment, Legal Education and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law. Both volumes collect together and reprint a selection of some of the many articles and essays published by Professor John W Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. First volumes to collect in one place the legal thinking of John W Cairns; Volumes 11 and 12 of the respected Edinburgh Studies in Law series and key essays on Scots law, Roman law and the Enlightenment.
(source: Nielsen Book Data)9780748682133 20160619
Law Library (Crown)
Book
cxxxvii, 736 pages ; 24 cm
  • Nature of the subject
  • History
  • Operation of foreign law : theories of inclusion and rules of exclusion
  • Operation of foreign law : theories of inclusion and rules of exclusion
  • Method
  • Renvoi
  • Domicile and other personal law connecting factors
  • Jurisdiction in civil and commercial matters
  • Evidence and procedure
  • Enforcement of foreign decrees
  • Status and capacity
  • The law of marriage and other adult relationships
  • Matrimonial causes
  • Proprietary and financial consequences of marriage and other adult relationships
  • Conflict rules affecting children : status, parental rights and responsibilities, guardianship, abduction, adoption, and surrogacy
  • The law of contractual obligations
  • The law of non-contractual obligations
  • The law of property (including insolvency)
  • The law of succession.
Law Library (Crown)
Book
xiii, 447 pages : illustrations ; 25 cm.
  • Acknowledgements ... vii List of Illustrations ... viii Abbreviations ... ix Glossary ... xi 1 Introduction ... 1 2 Lawyers and Legal Practice ... 31 3 Income ... 70 4 Management ... 110 5 Ethics and Etiquette ... 153 6 Pro Bono ... 186 7 Societies ... 225 8 Solidarity ... 260 9 Burghs ... 287 10 Procurators Fiscal ... 319 11 Notaries ... 360 12 Conclusion ... 390 Appendix ... 413 Select Bibliography ... 417 Name Index ... 427 Subject Index ... 438.
  • (source: Nielsen Book Data)9789004294936 20160618
In Legal Practice in Eighteenth-Century Scotland John Finlay offers a comprehensive account of lawyers and their world in Enlightenment Scotland set within the wider European context.
(source: Nielsen Book Data)9789004294936 20160618
Law Library (Crown)
Book
3 pages.
Green Library
Book
xii, 366 pages ; 25 cm
  • Introduction
  • Aesthetics
  • Moral philosophy I : principles
  • Moral philosophy II : development
  • Political philosophy, anthropology and commerce
  • Legal history, legal science and comparative law
  • Property
  • Equity
  • Obligations and enforcement
  • Criminal law
  • Lord Kames' influence on some of the founders of the United States
  • A critical conclusion.
This book re-establishes the importance of the ideas and legal philosophy of Scottish jurist and philosopher Lord Kames. The Scottish jurist, judge, legal historian and philosopher Henry Home (1696-1782) took the title Lord Kames when he was elevated to the bench of the Scottish Court of Session in 1752. In the 18th century, his books were influential and widely read; the educated classes and representatives of the Enlightenment in England, France and in the German states were all familiar with his aesthetic and philosophical writings. Andreas Rahmatian explains Kames' conceptions of legal philosophy, including black letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment. He looks at how Kames came to be one of the forefathers of comparative law, sociology of law, legal psychology and 'legal science' in its proper meaning, as opposed to 'law'.
(source: Nielsen Book Data)9780748676736 20160618
Law Library (Crown)

15. Miscellany seven [2015]

Book
xvi, 435 pages, 8 unnumbered pages of plates : illustrations (some color), maps ; 27 cm.
  • The textual tradition of Stair's "Institutions", with reference to the title "Of liberty and servitude" / Adelyn L.M. Wilson
  • William Cranston, notary public c. 1395-1425, and some contemporaries / W.W. Scott
  • Another fifteenth-century case / Alan Borthwick and Hector MacQueen
  • Birlaw courts and birleymen / W. David H. Sellar
  • Four models of union / J.D. Ford
  • The trial of Captain Green / Sheriff J. Irvine Smith
  • Scots lawyers, England, and the Union of 1707 / John Finlay
  • The maritime rights of the magistrates of Rothesay / Ian Maclagan
  • Reshaping private law in Victorian Britain : the view from Westminster / Michael Lobban
  • Letters from Inveraray : the eighth Duke of Argyll's correspondence with the first Marquess of Dufferin and Ava, with particular reference to Gladstone's Irish land acts / N.M. Dawson
  • Law at the edge : legal encounters on a maritime periphery / W.N. Osborough
  • Life on the Law Lords' corridor : the last forty years / David Hope
  • The Stair Society - constitution; publications.
Law Library (Crown)
Book
xxxvii, 282 pages : illustrations ; 22 cm
  • Trusts
  • Judicial factors, curators, tutors and guardians
  • Bankruptcy, insolvency and sequestration
  • Custody of children
  • Public officers
  • Statutory omissions
  • Miscellaneous procedure
  • The High Court of Justiciary
  • Limitations.
Law Library (Crown)
Book
l, 510 pages ; 24 cm
  • Constitutions and constitutional law
  • Constitutional law and constitutional values
  • The Scottish constitutional context
  • The Scottish independence referendum
  • The UK and Scottish parliaments : the institutional framework
  • Law-making competences for Scotland
  • The UK and Scottish governments
  • Local authorities and other public bodies
  • Law-making procedures
  • The parliamentary accountablilty of government
  • Public finance
  • Courts and the independence of the judiciary
  • Citizen and state
  • Public law adjudication.
Scotland's Constitution: Law and Practice, 3rd edition is a clear, comprehensive account of the Scottish dimension of constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The third edition has been fully updated throughout and incorporates changes brought about by the Scotland Act 2012. There is expanded consideration of the constitutional review of Acts of the Scottish Parliament. This edition also includes coverage of the Scottish Independence Referendum. This text provides an essential introduction to constitutional law for law students and for others with a general interest in this subject. Previous print edition ISBN: 9781847663184.
(source: Nielsen Book Data)9781780434667 20160618
Law Library (Crown)
Book
xii, 147 pages ; 22 cm.
  • Overview and definitions
  • Formation of contract
  • Problems with contracts
  • Contractural terms
  • Third-party rights
  • Breach of contract
  • Termination of contract
  • Cross-border contracts.
The law of contract is complex and intricate and disputes over contracts have led to a wealth of court cases over the years. This guide teaches you the basics of the law of contract as it pertains to Scotland, such as forming a contract, terminating a contract, third-party rights to cross-border contracts, breach of contract and the definition of a contract.
(source: Nielsen Book Data)9781474405935 20160619
Law Library (Crown)
Book
2 volumes ; 24 cm.
  • Vol. 1. Law, lawyers, and humanism
  • vol. 2. Enlightenment, legal education, and critique.
Law Library (Crown)
Book
xcix, 616 pages ; 25 cm
  • Contents: Chapter 1: Admissibility and Relevancy of Evidence-- Chapter 2: Burden of Proof-- Chapter 3: Proof - Presumptions-- Chapter 4: Standard of Proof - Differences between Averment and Proof-- Chapter 5: Sufficiency of Evidence-- Chapter 6: Circumstantial Evidence - Examples of its Nature and Effect-- Chapter 7: Relevancy of Evidence - Character and Collateral Issues-- Chapter 8: Hearsay-- Chapter 9: Admissibility of Evidence of Extra-Judicial Admissions and Confessions-- Chapter 10: Confidentiality-- Chapter 11: Proof - Where Evidence is Excluded-- Chapter 12: Oral Evidence - General-- Chapter 13: Oral Evidence - Specialities of Witnesses-- Chapter 14: Evidence on Commission-- Chapter 15: Affidavits, Reports and Dying Depositions-- Chapter 16: Opinion Evidence-- Chapter 17: Access to Witnesses and Securing Their Attendance-- Chapter 18: Real Evidence-- Chapter 19: Public and Official Documents-- Chapter 20: Proof of Terms of Documents Not Produced-- Chapter 21: Recovery and Production of Documents-- Chapter 22: Requirements of Writing for Self-Proving or Probative Deeds-- Chapter 23: Matters that Required Writing for their Constitution and Proof before 1 August 1995-- Chapter 24: Informal Writings before 1 August 1995 in Commercial Matters and in Proof of Obligations Generally-- Chapter 25: Proof of Actings to Perfect Proof of Obligations - Personal Bar, Rei Interventus and Homologation-- Chapter 26: Evidence Extrinsic to Writings-- Chapter 27: Proof in Family Actions-- Chapter 28: Proof in Proceedings Concerning Children - Public Law.
  • (source: Nielsen Book Data)9781780435749 20160618
Walker and Walker: The Law of Evidence in Scotland gives a comprehensive and detailed examination of the law of evidence in the broadest of civil and criminal contexts. The emphasis is upon rigorous examination of the issues affecting all who work with the law of evidence whether in court, chamber practice or legal education. This classic text has been updated throughout and due attention is given to changes in the context of legal proceedings, to changes in the nature of the evidence available to parties, and to the direct impact of the European Convention on Human Rights. Full account is also taken of the Criminal Justice (Scotland) Bill. Previous print edition ISBN: 9781845921651.
(source: Nielsen Book Data)9781780435749 20160618
Law Library (Crown)