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A History of Private Law in Scotland: Volume 2: Obligations (Hardcover)
Loot Price: R9,247
Discovery Miles 92 470
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A History of Private Law in Scotland: Volume 2: Obligations (Hardcover)
Series: A History of Private Law in Scotland
Expected to ship within 12 - 17 working days
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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.
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