Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

John W. Cairns

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Law, Lawyers, and Humanism

Selected Essays on the History of Scots Law, Volume 1

Language: English

Published/Copyright: 2015

About this book

The first volume of two, this collection of essays on Scots Law represents a selection of the most cited articles published by Professor John W. Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. This collection covers the foundation and continuity of Scots Law from 16th and 17th century Scotland through the 18th century influence of Dutch Humanism into the 19th century and the further development of the Scots legal system and profession.

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Frontmatter
i

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Contents
v

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Preface
vii

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Acknowledgements
ix

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Introduction
x

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FOUNDATION AND CONTINUITY
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1 From Claves Curiae to Senators of the College of Justice: Changing Rituals and Symbols in Scottish Courts
3

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2 English Looters and Scottish Lawyers: The Ius Commune and the College of Justice
22

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3 Ius Civile in Scotland, c 1600
34

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4 The Law, the Advocates, and the Universities in Late Sixteenth-Century Scotland
67

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5 Scottish Law, Scottish Lawyers, and the Status of the Union
88

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6 Natural Law, National Laws, Parliaments, and Multiple Monarchies: 1707 and Beyond
115

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7 Attitudes to Codification and the Scottish Science of Legislation, 1600–1830
144

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SIGNIFICANCE OF DUTCH HUMANISM
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8 Importing Our Lawyers from Holland: Netherlands Influences on Scots Law and Lawyers in the Eighteenth Century
223

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9 Three Unnoticed Scottish Editions of Pieter Burman’s Antiquitatum Romanarum brevis descriptio
242

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10 Legal Study in Utrecht in the late 1740s: The Education of Sir David Dalrymple, Lord Hailes
253

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DEVELOPMENT OF THE LEGAL PROFESSION
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11 The Formation of the Scottish Legal Mind in the Eighteenth Century: Themes of Humanism and Enlightenment in the Admission of Advocates
303

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12 Advocates’ Hats, Roman Law, and Admission to the Scots Bar, 1580–1812
330

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13 Alfenus Varus and the Faculty of Advocates: Roman Visions and the Manners that were Fit for Admission to the Bar in the Eighteenth Century
371

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BLACKSTONE, FEUDALISM, AND INSTITUTIONAL WRITINGS
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14 Craig, Cujas, and the Definition of Feudum: Is a Feu a Usufruct?
401

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15 Blackstone, an English Institutist: Legal Literature and the Rise of the Nation State
413

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16 Eighteenth-Century Professorial Classification of English Common Law
462

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17 Blackstone, Kahn-Freund, and the Contract of Employment
482

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18 The Moveable Text of Mackenzie: Bibliographical Problems for the Scottish Concept of Institutional Writing
498

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Index
515

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Publishing information

Pages and Images/Illustrations in book

eBook published on:

January 31, 2022

eBook ISBN:

9780748682102

Pages and Images/Illustrations in book

Main content:

608

https://doi.org/10.1515/9780748682102

eBook ISBN: 9780748682102

Keywords for this book

Law

Audience(s) for this book

For universities and colleges of further and higher education

Edinburgh University Press

Law, Lawyers, and Humanism

Overview

About this book

Topics

Table of contents

Frontmatter

Contents

Preface

Acknowledgements

Introduction

1 From Claves Curiae to Senators of the College of Justice: Changing Rituals and Symbols in Scottish Courts

2 English Looters and Scottish Lawyers: The Ius Commune and the College of Justice

3 Ius Civile in Scotland, c 1600

4 The Law, the Advocates, and the Universities in Late Sixteenth-Century Scotland

5 Scottish Law, Scottish Lawyers, and the Status of the Union

6 Natural Law, National Laws, Parliaments, and Multiple Monarchies: 1707 and Beyond

7 Attitudes to Codification and the Scottish Science of Legislation, 1600–1830

8 Importing Our Lawyers from Holland: Netherlands Influences on Scots Law and Lawyers in the Eighteenth Century

9 Three Unnoticed Scottish Editions of Pieter Burman’s Antiquitatum Romanarum brevis descriptio

10 Legal Study in Utrecht in the late 1740s: The Education of Sir David Dalrymple, Lord Hailes

11 The Formation of the Scottish Legal Mind in the Eighteenth Century: Themes of Humanism and Enlightenment in the Admission of Advocates

12 Advocates’ Hats, Roman Law, and Admission to the Scots Bar, 1580–1812

13 Alfenus Varus and the Faculty of Advocates: Roman Visions and the Manners that were Fit for Admission to the Bar in the Eighteenth Century

14 Craig, Cujas, and the Definition of Feudum: Is a Feu a Usufruct?

15 Blackstone, an English Institutist: Legal Literature and the Rise of the Nation State

16 Eighteenth-Century Professorial Classification of English Common Law

17 Blackstone, Kahn-Freund, and the Contract of Employment

18 The Moveable Text of Mackenzie: Bibliographical Problems for the Scottish Concept of Institutional Writing

Index

Bibliographic data