Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law-of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential.
This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.
Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law-of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential.
This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.
VOLUME 1
1: Kenneth Reid and Reinhard Zimmermann: The Development of Legal
Doctrine in a Mixed System
2: John W. Cairns: Historical Introduction
3: Kenneth Reid: Property Law: Sources and Doctrine
4: Grant McLeod: The Romanization of Property Law
5: C. G. van der Merwe: Accession by Building
6: D. L. Carey Miller: Transfer of Ownership
7: M. J. de Waal: Servitudes
8: Andrew J. M. Steven: Rights in Security over Moveables
9: Martin Hogg: Leases: Four Historical Portraits
10: Klaus Luig: Assignation
11: Niall Whitty: Water Law Regimes
12: George Gretton: Trusts
VOLUME 2
1: Gerhard Lubbe: Formation of Contract
2: Eric Clive: Interpretation
3: William W. McBryde: Error
4: J. E. du Plessis: Force and Fear
5: Laura J. Macgregor: Pacta Illicita
6: Joe Thomson: Unfair Contract Terms
7: David Johnston: Breach of Contract
8: Alastair Smith: Specific Implement
9: Hector L. MacQueen: Third Party Rights in Contract
10: W. D. H. Sellar: Promise
11: P. J. Sutherland: Contractual Restrictive Covenants
12: William M. Gordon: Sale
13: A. D. M. Forte: Insurance
14: Robin Evans-Jones: Unjustified Enrichment
15: Daniel Visser and Niall Whitty: The Structure of the Law of
Delict
16: Kenneth McK. Norrie: The Intentional Delicts
17: Hector L. MacQueen and W. D. H. Sellar: Negligence
18: Reinhard Zimmermann and Philip Simpson: Strict Liability
19: Phillip Simpson: Vicarious Liability
20: Reinhard Zimmermann and Philip Simpson: Liability Among
Neighbours
21: John Blackie: Defamation
Kenneth Reid is Professor of Law at Edinburgh University Reinhard Zimmermann is Professor of Private Law, Roman Law and Comparative Law in the University of Regensburg.
... fine collection. Handsomely turned out and sensitively edited, Reid and Zimmermann's publication is indispensable for readers in quest of a nuanced historical account of Scots private law. ZNR (Zeitschrift fur Neuere Rechtsgeschichte ... there is an immense amount of interest, importance and value in these essays. They have been most thoroughly researched and make substantial additions to our understanding of the themes. The Journal of the Law Society of Scotland
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