Chapter

Stair, Grotius and the Sources of Stair's <i>Institutions</i><sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0019
Stair, Grotius and the Sources of Stair's Institutions☼

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Stair in his Institutions refers on occasion openly to Grotius, particularly to his De jure belli ac pacis but close examination of his text reveals more borrowing than appears from these references. It also appears that Stair made considerable use of Gudelinus’s De jure novissimo for what he says on Roman law, again without express acknowledgment. He also uses Craig’s Jus feudale in a similar way. This gives some insight into his working practices without detracting in any considerable degree from his great achievement.

Keywords: Stair; Grotius; Gudelinus; Craig

Chapter.  5744 words. 

Subjects: History of Law

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