Chapter

“Calculated to our Meridian”? The Ius Commune, Lex Mercatoria and Scots Commercial Law in the Seventeenth and Eighteenth Centuries

A D M Forte

in A Mixed Legal System in Transition

Published by Edinburgh University Press

Published in print July 2005 | ISBN: 9780748623358
Published online March 2012 | e-ISBN: 9780748651467 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748623358.003.0006
“Calculated to our Meridian”? The Ius Commune, Lex Mercatoria and Scots Commercial Law in the Seventeenth and Eighteenth Centuries

Show Summary Details

Preview

This chapter considers the role of the ius commune and that of the lex mercatoria in the development of commercial law in Scotland during the seventeenth and eighteenth centuries. Although Smith did not have much to say about the lex mercatoria, it seems difficult to discuss the one without consideration of the other. The chapter focuses on insurance law in the eighteenth century and on bills of exchange in the seventeenth and eighteenth centuries. Although loss allocation by means of insurance was certainly not unknown in seventeenth-century Scotland, its rise as the normal mechanism for achieving that end is, essentially, an eighteenth-century phenomenon: indeed it is not until the mid-eighteenth century that substantial numbers of cases come before the courts and a native literature, though slight, begins to develop. Bills of exchange, on the other hand, are very much a seventeenth-century phenomenon in Scottish terms; their use being increasingly important only after 1625 and becoming ‘a regular feature of Scottish mercantile life’ after 1660.

Keywords: Scots law; commercial law; insurance law; bill of exchange

Chapter.  8720 words. 

Subjects: History of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.