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This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of “the Session” in the fifteenth century as a judicial sitting of the King’s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.
The essays in this book seek to establish a true sociology of education. Their primary concern is the relationship between formal education and other social forces through the ages. Thus, the book combines the history of higher education with social history in order to understand the process of historical change. To ascertain the responses of the universities to such broad social changes as the Renaissance, the Reformation, and the Industrial Revolution, the authors ask such questions as: who were the students and how many were there? how did they get to the university and why did they come? how did they spend their time and what did they learn? what jobs did they fill and how did what they learned help them in later life? how have faculty members viewed their roles over the years? Lawrence Stone is Dodge Professor of History at Princeton University, Chairman of the History Department, and Director of the Shelby Cullom Davis Center for Historical Studies. Originally published in 1974. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The late seventeenth century Netherlands have traditionally been viewed as the intellectual entrepot of Europe in general, and for Scotland in particular. Scottish students flocked in large numbers to the Dutch universities, bringing back ideas and books which influenced Scottish learning well into the eighteenth century. This book is the first full-length study of Scots in the United Provinces between 1650 and 1750. It analyses their numbers at the Dutch universities, the education they received and the impact this had on Scottish learning, on the eve of the Enlightenment, showing that the Scottish-Dutch relationship provided the infrastructure, which allowed Scotland to take part in a wider Republic of Letters and that its culture was increasingly characterised by it.
Drawing on Court of Session records uncovered by John Finlay, this study investigates the important role of College members in the cultural and economic flowering of Scotland, and argues that a single Law institution had a marked influence on the Scottish
The Search for Salvation is an innovative and interdisciplinary study of lay faith in Scotland in the later Milddle Ages, examining both the religious ideas and practices of the people, and the ways in which these were shaped by images in literature, art, and church writings. Contrary to traditional views, which portray the late medieval Scottish church as weak and corrupt, the book argues for the vitality and flourishing of lay piety in the later fifteenth and first half of the sixteenth century. It thus sheds new light on the coming of the Protestant Reformation, as well as revealing the richness of the world of medieval Scottish religious imagery. Each chapter examines one aspect of faith and the lay responses to it. The first part of the book discusses three central concepts in people's understanding of death and salvation - the Day of Judgement, Heaven and Hell, and Purgatory. The second part looks at the way in which people perceived of and related to three central figures of Christianity: God, Mary and Jesus. In examining such a wide variety of beliefs, the book goes beyond the study of religion to provide an understanding of the nature and functioning of medieval society as a whole.
In Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland
Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends and colleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics. The authors in this volume are leading academics or judges, and a particularly notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The book also includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays include personal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.
The Glasgow Enlightenment is widely regarded as the first book to explore the nature and accomplishments of the Enlightenment in eighteenth-century Glasgow in a comprehensive manner. In addition to a general introduction by the editors, there are seven chapters devoted to Glasgow University professors, such as Adam Smith, Francis Hutcheson, Thomas Reid, John Millar, William Leechman, and John Anderson. At a time when the Glasgow economy was booming in the strength of its trade with America, these and other Glasgow men of science and learning were making major contributions to the European world of philosophy, law, political economy, natural philosophy, medicine, and religious toleration. There are also five chapters on other individuals and topics, including the physician and author John Moore, James Boswell during his student days, images of Glasgow in popular poetry, and Popular party clergymen who challenged the dominant views of the academic Enlightenment with an alternative vision of liberty and piety. This edition features a new bibliographical preface by Richard B. Sher that discusses the substantial secondary literature on eighteenth-century Glasgow and the Glasgow Enlightenment since the original publication of this book more than a quarter of a century ago.
The abolition of the Scottish and Irish Parliaments in 1707 and 1800 created a United Kingdom centred upon the Westminster legislature. This text discusses what this meant for the four nations involved, and how conceptions of English, Irish, Scottish and Welsh identities were affected.