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A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Online ISBN:
9780748651467
Print ISBN:
9780748623358
Publisher:
Edinburgh University Press
Book

A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published online:
22 March 2012
Published in print:
20 July 2005
Online ISBN:
9780748651467
Print ISBN:
9780748623358
Publisher:
Edinburgh University Press

Abstract

This book considers the work of Professor Sir Thomas Smith QC (1915–1988) and, through that work, the development of Scots law as a mixed legal system. Smith was a leading figure in the revival of Scots law that began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems. Yet in Scotland he was a controversial figure, whose advocacy of the civil law tradition was challenged and whose legacy is disputed. This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influence. The contributors approach their subject from different angles and in different ways. Two contributors are from other mixed legal systems (South Africa and Louisiana).

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