Overview

This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.

Full Product Details

Author:   Hector L. MacQueen
Publisher:   Brill
Imprint:   Brill
Volume:   40
Weight:   1.144kg
ISBN:  

9789004512283

ISBN 10:   9004512284
Pages:   588
Publication Date:   25 October 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Preface Acknowledgements List of Diagrams and Tables Abbreviations 1 Introduction Introduction to Part 1 2 The Origins of the Scottish Common Law 3 The Common Law in the Later Thirteenth Century 4 Laws and Courts in the Burghs 5 Wrang and Unlaw 6 Pleadable Brieves and Pleading Introduction to Part 2 7 Linguistic Communities in Medieval Scots Law 8 The Laws of Galloway 9 The Kin of Kennedy, Kenkynnol and the Common Law Introduction to Part 3 10 Scottish Feudalism, Tenure, and the Ius Commune 11 Girth: Society and the Law of Sanctuary in Scotland 12 Magna Carta, Scotland and Scots Law Introduction to Part 4 13 Tame Magnates? The Justiciars of Later Medieval Scotland 14 The King’s Council and Church Courts in Later Medieval Scotland 15 The Foundation of Law Teaching at the University of Aberdeen 16 Glanvill Resarcinate: Sir John Skene and Regiam Majestatem 17 Conclusion Bibliography Index

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Author Information

Hector L. MacQueen CBE, FBA, FRSE, Ph.D. (1985), University of Edinburgh Law School, is Emeritus Professor of Private Law at that university. He is the author of Common Law and Feudal Society in Medieval Scotland (EUP, 1993; reissued 2016) and of numerous articles and textbooks on Scottish legal history and other aspects of Scots law in comparative context.

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