Historical Introduction

John W. Cairns

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI:
Historical Introduction

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This chapter attempts to trace the changing nature of Scots law, focusing on its main institutions and taking into account the history of politics, social and economic life, and philosophy. The story is told from the emergence of the Scottish kingdom in 1832. By this date, the basic architecture and much of the sculptural detail of Scots law was in place. An epilogue to this chapter reviews some subsequent developments. The picture that emerges is not one of ‘false starts’. Nor is it one of simple continuity. In fact, the historical reality is too complex to reduce to simple descriptions or metaphors.

Keywords: Scots law; social life; Scottish kingdom; royal justice; procedure and proof; common law

Chapter.  91666 words. 

Subjects: Constitutional and Administrative Law

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