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Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Thomas Green examines the Scottish Reformation from a new perspective - the legal system and lawyers. For the leading lawyers of the day, the Scottish Reformation presented a constitutional and jurisdictional crisis of the first order. In the face of such a challenge moderate judges, lawyers and officers of state sought to restore order in a time of revolution by retaining much of the medieval legacy of Catholic law and order in Scotland. Green covers the Wars of the Congregation, the Reformation Parliament, the legitimacy of the Scottish government from 1558 to 1561, the courts of the early Church of Scotland and the legal significance of Mary Stewart's personal reign. He also considers neglected aspects of the Reformation, including the roles of the Court of Session and of the Court of the Commissaries of Edinburgh.
Thomas Green examines the Scottish Reformation from a new perspective - the legal system and lawyers. Green covers the Wars of the Congregation, the Reformation Parliament, the legitimacy of the Scottish government in 1558-61, the courts of the early Church of Scotland and the legal significance of Mary Stewart's personal reign.
Leading scholars discuss how changing ideas of law and authority were embedded in the historical development of British legal systems.
Reprint of the original, first published in 1880.