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Title: A short commentary on the law of Scotland
Author: Smith, Thomas Broun
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1963
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Since her Union with England in 1707 Scotland has in a sense survived as a nation by and through her Laws and Legal System. These were safeguarded in the basic constitution of the new Kingdom of Great Britain. At that time Scots law was very similar in outlook and content to those other systems of Western Europe which had developed from Romanistic and Feudal sources. English legal influence is apparent in certain aspects of Scots law, and has sometimes- though not always -proved beneficent and useful. If Britain is to enter the European Economic Community, however, Scotland's European tradition may well be reasserted in legal as well as in economic and cultural matters. The first impact of entering the Common Market on the legal systems of Britain would no doubt be most obvious in the field of Public law, but there would be important repercussions also on Private law. Moreover, the ethos of the Scottish legal system - which for creative development is more significant than particular rules - should make co-operation with the other civilian systems of Europe natural and stimulating. This book, though of moderate compass, aims to be rather more than just a factual statement of Scots law as on December 31, 1961. Where the law may be regarded as settled, I have not multiplied references or citations. On the other hand, a number of important questions of law, which have not yet been adequately examined or satisfactorily decided have been discussed in greater detail. Many of these questions are, however, discussed much more fully in my Studies Critical and Comparative which was published earlier this year. I have not hesitated to express personal opinions, nor to incorporate the views of those who have contributed to legal literature, as well as the opinions of judges. My debt to the legal outlook of the late Lord Cooper of Culross will be obvious. In particular, I accept his view that a creative - or indeed viable - law of Scotland cannot be envisaged if its civilian and cosmopolitan heritage is neglected, and if comparative influences are restricted to the solutions of English law. I have written primarily for the benefit of those approaching Scots law for the first time - whether they be my fellow countrymen or those across the Border or beyond the seas. I hope, however, that the book will prove useful to the profession in Scotland. For them in particular, I should perhaps stress that I have not endeavoured to touch on every legal topic, and, except for incidental reference, have left matters of Industrial and Mercantile law to be dealt with in a volume from the pen of my friend Professor J. J. Gow, which has been commissioned by Messrs. W. Green & Son of Edinburgh and is due to be published very shortly. This present book is being published by Messrs. W. Green & Son of Edinburgh as A Short Commentary on the Law of Scotland, as well as in the British Commonwealth Series by Messrs. Stevens of London who commissioned it in the first place. Since both Professor Gow's book and mine have been prepared to meet an urgent need for up-to -date books on Scots law, we have had neither time nor opportunity to collate our respective contributions, but we have worked on an agreed plan regarding distribution of subject- matter. Moreover, I have profited enormously from Professor Gow's comment and criticism. In Scotland this present book, and that of my colleague, will complement each other.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (L.L.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available