Continuity, Influences and Integration in Scottish Legal History

Select Essays of David Sellar

Buch | Softcover

408 Seiten

2023
Edinburgh University Press (Verlag)
978-1-4744-8877-8 (ISBN)

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Brings together 15 principal essays by David Sellar (1941-2019), reflecting his pioneering contribution to Scottish legal history, covering the topics of Celtic law and institutions, the influence of Canon and English law across a wide range of legal subjects (including family law, succession, criminal law, evidence) and customary law.

David Sellar was a pioneering historian of Scots law who rejected previous interpretations of the subject as a series of false starts and rejected experiments. He emphasised instead the continuity of legal development, with change a process of integration of external influences from very early times on. Sellar’s approach, articulated mainly through essays published in diverse places over four decades, significantly influenced our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering Sellar's major essays in a single collection, this book demonstrates the scope and reach of Sellar’s overall contribution. It provides an opportunity to view Sellar’s work as a whole and to access his distinctive perspective on the overall trajectory of Scottish law.

Hector MacQueen has been a member of the Edinburgh Law School since 1979. Appointed to the Chair of Private Law in 1994, he was Dean of the Law School 1999-2003, and Dean of Research and Deputy Head of the College of Humanities and Social Science in the University 2004-2008. He is currently a Scottish Law Commissioner. He is the author of many books and articles on Scots law and its historical development in comparative perspective, and of key textbooks such as The Scottish Legal System (5th edition) (2013), Unjustified Enrichment Law Basics (3rd edition) (2013), and Studying Scots Law 4th edition (2012).

Introduction: David Sellar, Legal Historian,H L MacQueen

The Continuity of Scottish Legal History: An Overview

Part I: Celtic Law and Birlaw: Customary Law

Celtic Law and Scots Law: Survival and Integration
Marriage, Divorce and Concubinage in Gaelic Scotland
The Lyon and the Seannachie
Birlaw Courts and Birleymen

Part II: The Influence of English Law

English Law as a Source of Stair’s Institutions
The Resilience of the Scottish Common Law
Scots Law: Mixed from the Very Beginning? A Tale of Two Receptions

Part III: The Influence of Canon Law: Marriage, Divorce and Homicide

Marriage by Cohabitation with Habit and Repute: Review and Requiem?
Marriage, Divorce and the Forbidden Degrees: Canon Law and Scots Law
Forethocht Felony, Malice Aforethought and the Classification of Homicide

Part IV: The Influence of English and Canon Law: Succession

Juridical Acts Made in Contemplation of Death
Succession
Courtesy, Battle and the Brieve of Right, 1368

Part V: The Influence of the European Jus Commune

Promise
Presumptions

Erscheinungsdatum	20.07.2023
Reihe/Serie	Edinburgh Studies in Law
Zusatzinfo	15 black and white illustrations
Verlagsort	Edinburgh
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Geisteswissenschaften ► Geschichte ► Regional- / Ländergeschichte
	Geschichte ► Teilgebiete der Geschichte ► Militärgeschichte
	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Rechtsgeschichte
ISBN-10	1-4744-8877-3 / 1474488773
ISBN-13	978-1-4744-8877-8 / 9781474488778
Zustand	Neuware