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Books > Law > Jurisprudence & general issues > Legal history
This book examines Britain and Norway in Europe from 1945 through
to the former's departure from the European Union in 2020. It
compares their European relations and investigates their bilateral
relationship within the contexts of security, trade and, above all,
European integration. Britain and Norway are outsiders in Europe,
and they have both been sceptical of the continental federalist
approach to European integration. The question of membership itself
has been highly controversial in both countries: the public has
been divided on the issue; it has plagued political parties and
governments; and prime ministers have resigned over European
issues. This book explores why these countries have struggled so
deeply with the idea of Europe since 1945, and looks ahead to how
the relationship between Britain and Norway might develop after
Brexit.
In Britain at least, changes in the law are expected to be made by
the enactment of statutes or the decision of cases by senior
judges. Lawyers express opinions about the law but do not expect
their opinions to form part of the law. It was not always so. This
book explores the relationship between the opinions expressed by
lawyers and the development of the law of Scotland in the century
preceding the parliamentary union with England in 1707, when it was
decided that the private law of Scotland was sufficiently
distinctive and coherent to be worthy of preservation. Credit for
this surprising decision, which has resulted in the survival of two
separate legal systems in Britain, has often been given to the
first Viscount Stair, whose Institutions of the Law of Scotland had
appeared in a revised edition in 1693. The present book places
Stair's treatise in historical context and asks whether it could
have been his intention in writing to express the type of
authoritative opinions that could have been used to consolidate the
emerging law, and whether he could have been motivated in writing
by a desire to clarify the relationship between the laws of
Scotland and England. In doing so the book provides a fresh account
of the literature and practice of Scots law in its formative period
and at the same time sheds light on the background to the 1707
union. It will be of interest to legal historians and Scots
lawyers, but it should also be accessible to lay readers who wish
to know more about the law and legal history of Scotland
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