Chapter

A Comparison of the Influence of Roman Law in England and Scotland<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/9780748625161.003.0023
A Comparison of the Influence of Roman Law in England and Scotland☼

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Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common law took its own path in terms of legal terminology, legal training and ideas. However the Canon law and through it Roman law was important in Chancery and other specialised jurisdictions in England and when treatise literature developed there is Roman influence especially through Pothier. English law is therefore not as completely isolated from the Civilian tradition as is often suggested by concentrating on the work of the Common lawyers and their desire to claim independence of that tradition.

Keywords: Roman law; Canon law; Glanvill; Regiam Majestatem; Civil law; Common law; Chancery; Ecclesiastical courts; Treatise literature; Pothier

Chapter.  6980 words. 

Subjects: History of Law

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