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Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.
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Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.
This volume examines the nineteenth century. The modern form of many institutions, doctrines, principles and practices was shaped during the nineteenth century, and here Professor Walker traces and analyses the emergence and development of what is in many respects the modern law.The nineteenth century is a period of great interest and steadily accelerating development in every field of Scots law: public, private and criminal. The volume of legislation being produced greatly increased thought the century and areas such as the railways and public health and welfare were the subject of real regulation for the first time. The century also saw closer harmonisation of Scots and English law in the fields of partnership and sale of goods among others. The narrative is illustrated by many fascinating cases; the bankruptcy of Sir Walter Scott, the Burke and Hare murders, the trail of Madeleine Smith and the cases arising out of the fall of the City of Glasgow Bank. These link the development of the law to notorious happenings in Scotland.