Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1
Published:
01 August 2015
Online ISBN:
9781474415989
Print ISBN:
9780748682096
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Contents
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A. The Provisions of the Union A. The Provisions of the Union
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B. The Sources of Authority in Scots Law B. The Sources of Authority in Scots Law
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C. Scottish Legal Culture C. Scottish Legal Culture
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D. The Practice of the Courts D. The Practice of the Courts
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Chapter
5 Scottish Law, Scottish Lawyers, and the Status of the Union
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Pages
88–114
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Published:01 August 2015
Cite
Cairns, John W, 'Scottish Law, Scottish Lawyers, and the Status of the Union', Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1 (Edinburgh , 2015; online edn, Edinburgh Scholarship Online, 18 Jan. 2018), https://doi.org/10.3366/edinburgh/9780748682096.003.0005, accessed 27 July 2026.
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Abstract
The Act of Union provided that the laws regulating trade, customs, and excises were to be the same in Scotland as in England. The Act also required the establishment in Scotland of a Court of Exchequer. This chapter further explores the broader significance of the Union for Scots law, showing how the preservation of the existing law provided by the Union did not stifle the dynamism of Scots law, nor prevent its being open to outside influences, even from English law. Whereas once the law had been seen as ius proprium in opposition to the ius commune, now it was largely viewed within a structure of ius naturale and ius gentium. The education and culture of Scots lawyers supported such an understanding.
Subject
History of Law
Collection:
Edinburgh Scholarship Online
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