Chapter

The Civil Law in 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/9780748625161.003.0024
The Civil Law in Scotland☼

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This article examines three issues – the distinction between Roman law and the Civil law derived from it; reception of legal systems and the place of Roman and Civil law in Scottish legal education. The first important distinction is frequently overlooked, leading to misunderstanding of the extent to which ideas were developed out of the Roman texts, for example, the foundations of private international law, and ignorance of the complexity of the history of the Civil law and its potential influence. Reception of a legal system need not mean full acceptance of it and Scotland drew upon the Civil law rather than adopting it and also drew on the Canon law which brought the first connection with the Civil law. The reduction in the teaching of Roman law and hence understanding of it reduces the scope for its continuing influence but also is a loss to legal education by reducing exposure to the thinking of great lawyers.

Keywords: Roman law; Civil law; Canon law; Reception; Legal education

Chapter.  8030 words. 

Subjects: History of Law

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