Download or read book Common Law and Feudal Society in Medieval Scotland written by Hector L. MacQueen and published by . This book was released on 1993 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The close links between Scots and English law in the Middle Ages have long been recognised, but S.F.C. Milsom has recently challenged the received views of English legal development. Common Law and Feudal Society assesses the relevance of the new approach 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 the land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session. Exploring the relationship between law and society, this book is for social and legal historians alike.
Download or read book Common Law and Feudal Society in Medieval Scotland written by Hector L. MacQueen and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Legal Consciousness in Medieval Scotland written by Hector L. Macqueen and published by Medieval Law and Its Practice. This book was released on 2023-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of a medieval Scottish common law despite lacking a secular legal profession until around 1500 results from lay legal consciousness, active church courts and neighbouring England's common law in a unique mix of customary and learned laws.
Download or read book Law and Legal Consciousness in Medieval Scotland written by Hector L. MacQueen and published by BRILL. This book was released on 2023-10-20 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.
Download or read book Civil Justice in Renaissance Scotland written by Andrew Mark Godfrey and published by BRILL. This book was released on 2009 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of the Session in the fifteenth century as a judicial sitting of the King s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.
Download or read book Land Law and People in Medieval Scotland written by Neville Cynthia J. Neville and published by Edinburgh University Press. This book was released on 2012-10-16 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book, newly available in paperback, examines the encounter between Gaels and Europeans in Scotland in the central Middle Ages, offering new insights into an important period in the formation of the Scots' national identity. It is based on a close reading of the texts of several thousand charters, indentures, brieves and other written sources that record the business conducted in royal and baronial courts across the length and breadth of the medieval kingdom between 1150 and 1400.Under the broad themes of land, law and people, this book explores how the customs, laws and traditions of the native inhabitants and those of incoming settlers interacted and influenced each other. Drawing on a range of theoretical and methodological approaches, the author places her subject matter firmly within the recent historiography of the British Isles and demonstrates how the experience of Scotland was both similar to, and a distinct manifestation of, a wider process of Europeanisation.
Download or read book Common law and fedual society in medieval Scotland written by Hector L. MacQueen and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A History of Private Law in Scotland written by Kenneth G. C. Reid and published by . This book was released on 2000 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish 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.
Download or read book The Laws of Medieval Scotland written by Alice Taylor and published by . This book was released on 2019 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is, in addition to fulfilling the Stair Societys key objective of encouraging the study and advancing the knowledge of the history of Scots Law by the publication of original documents and by the reprinting and editing of works of sufficient rarity or importance, an output of the AHRC funded project, The Community of the Realm in Scotland, 1249-1424: history, law and charters in a recreated kingdom.
Download or read book The Scottish Legal System written by Megan Dewart and published by Bloomsbury Publishing. This book was released on 2019-02-19 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Kingship of the Scots 842 1292 written by A A M Duncan and published by Edinburgh University Press. This book was released on 2016-08-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002, and here introduced by Dauvit Broun as a core text in Scottish medieval history, this classic work is considered one of the most invaluable critiques of kingship in Scotland during the nation's foundations. In the early years of the period a custom of succession within one royal lineage allowed the Gaelic kingdom to grow in authority and extent. The Norman Conquest of England altered the balance of power between the north and south, and the relationship between the two kingdoms, which had never been easy, became unstable. When Scotland became kingless in 1286, Edward I exploited the succession debate between Balliol and Bruce and set claim to overlordship of Scotland until Bruce's coronation fixed the right of succession by law for Scottish kingship. In a meticulous account of this period, Professor Duncan disentangles the power struggles during the 'Great Cause' between the Balliols and the Bruces, and of the actions, motives and decisive interventions of Edward I. The Kingship of the Scots is historical scholarship at its best - thoughtful, challenging, incisive and readable.
Download or read book Vernacular Law written by Ada Maria Kuskowski and published by Cambridge University Press. This book was released on 2022-11-03 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.
Download or read book Cultures of Law in Urban Northern Europe written by Jackson W. Armstrong and published by Routledge. This book was released on 2020-11-24 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing together an international team of historians, lawyers and historical sociolinguists, this volume investigates urban cultures of law in Scotland, with a special focus on Aberdeen and its rich civic archive, the Low Countries, Norway, Germany and Poland from c. 1350 to c. 1650. In these essays, the contributors seek to understand how law works in its cultural and social contexts by focusing specifically on the urban experience and, to a great extent, on urban records. The contributions are concerned with understanding late medieval and early modern legal experts as well as the users of courts and legal services, the languages and records of law, and legal activities occurring inside and outside of official legal fora. This volume considers what the expectations of people at different status levels were for the use of the law, what perceptions of justice and authority existed among different groups, and what their knowledge was of law and legal procedure. By examining how different aspects of legal culture came to be recorded in writing, the contributors reveal how that writing itself then became part of a culture of law. Cultures of Law in Urban Northern Europe: Scotland and its Neighbours c.1350–c.1650 combines the historical study of law, towns, language and politics in a way that will be accessible and compelling for advanced level undergraduates and postgraduate to postdoctoral researchers and academics in medieval and early modern, urban, legal, political and linguistic history.
Download or read book Regional Private Laws and Codification in Europe written by Hector L. MacQueen and published by Cambridge University Press. This book was released on 2003-10-16 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Download or read book The Cambridge Companion to the Scottish Enlightenment written by Alexander Broadie and published by Cambridge University Press. This book was released on 2003-04-10 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Scottish Enlightenment offers a philosophical perspective on an eighteenth-century movement that has been profoundly influential on western culture. A distinguished team of contributors examines the writings of David Hume, Adam Smith, Thomas Reid, Adam Ferguson, Colin Maclaurin and other Scottish thinkers, in fields including philosophy, natural theology, economics, anthropology, natural science and law. In addition, the contributors relate the Scottish Enlightenment to its historical context and assess its impact and legacy in Europe, America and beyond. The result is a comprehensive and accessible volume that illuminates the richness, the intellectual variety and the underlying unity of this important movement. It will be of interest to a wide range of readers in philosophy, theology, literature and the history of ideas.
Download or read book The Government of Scotland 1560 1625 written by Julian Goodare and published by OUP Oxford. This book was released on 2004-10-14 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Government of Scotland 1560-1625 Goodare shows how Scotland was governed during the transition from Europe's decentralized medieval realms to modern sovereign states. The expanding institutions of government - crown, parliament, privy council, local courts - are detailed, but the book is structured around an analysis of governmental processes. A new framework is offered for understanding the concept of 'centre and localities': centralization happened in the localities. Various interest groups participated in government and influenced its decisions. The nobility, in particular, exercised influence at every level. There was also English influence, both before and after the union of crowns in 1603. It is argued that the crown's continuing involvement after 1603 shows the common idea of 'absentee monarchy' to be misconceived. Goodare also pays particular attention to the harsh impact of government in the Highlands - where the chiefs were not full members of 'Scottish' political society - and on the common people - who were also excluded from normal political participation.
