Scotland as a Mixed Jurisdiction<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:
Scotland as a Mixed Jurisdiction☼

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Scotland is a mixed jurisdiction in that it has shared both in the Civilian tradition and the tradition of the English Common law. The mixture stems in part from the political relations of Scotland and England which led ultimately to union. The union in principle left private law still separate but the union has not been an equal one and the predominance of English interests in Parliament and appeal to a House of Lords not always familiar with or sympathetic to Scots law has led to a considerable admixture of English law. Union with Europe however now offers the prospect of a new mixture less biased towards a Common law itself less confident of its innate superiority.

Keywords: Mixed jurisdictions; Civilian tradition; Common law tradition; European law

Chapter.  4082 words. 

Subjects: History of Law

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