Chapter

The Recognition Principle – Tracing Sir Thomas’ Vision to the Present European Law

Erich Schanze

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/9780748623358.003.0014
The Recognition Principle – Tracing Sir Thomas’ Vision to the Present European Law

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Autonomy and recognition of Scots law in a world largely dominated by the English Common Law were the central theme of Sir Thomas Broun Smith's academic mission. Sir Thomas did not only succeed in his endeavours keeping Scots law alive but that he implicitly stressed a principle which has ultimately become one of the central pillars of European law: the principle of mutual recognition of national institutions. This principle presupposes respect for the relative autonomy of the various legal systems of the member states of the European Community.

Keywords: Scots law; autonomy; European law; mutual recognition of national institutions; European Community

Chapter.  3737 words. 

Subjects: History of Law

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