Muutke küpsiste eelistusi

Continuity, Influences and Integration in Scottish Legal History: Select Essays of David Sellar [Kõva köide]

  • Formaat: Hardback, 408 pages, kõrgus x laius: 234x156 mm, 15 B/W illustrations
  • Sari: Edinburgh Studies in Law
  • Ilmumisaeg: 29-Dec-2021
  • Kirjastus: Edinburgh University Press
  • ISBN-10: 1474488765
  • ISBN-13: 9781474488761
Teised raamatud teemal:
  • Formaat: Hardback, 408 pages, kõrgus x laius: 234x156 mm, 15 B/W illustrations
  • Sari: Edinburgh Studies in Law
  • Ilmumisaeg: 29-Dec-2021
  • Kirjastus: Edinburgh University Press
  • ISBN-10: 1474488765
  • ISBN-13: 9781474488761
Teised raamatud teemal:
David Sellar was a pioneering historian of Scots law who rejected previous interpretations of the subject as a series of false starts and rejected experiments. He emphasised instead the continuity of legal development, with change a process of integration of external influences from very early times on. Sellar's approach, articulated mainly through essays published in diverse places over four decades, significantly influenced our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering Sellar's major essays in a single collection, this book demonstrates the scope and reach of Sellar's overall contribution. It provides an opportunity to view Sellar's work as a whole and to access his distinctive perspective on the overall trajectory of Scottish law.


Brings together 15 principal essays by David Sellar (1941-2019), reflecting his pioneering contribution to Scottish legal history, covering the topics of Celtic law and institutions, the influence of Canon and English law across a wide range of legal subjects (including family law, succession, criminal law, evidence) and customary law.

David Sellar was a pioneering historian of Scots law who rejected previous interpretations of the subject as a series of false starts and rejected experiments. He emphasised instead the continuity of legal development, with change a process of integration of external influences from very early times on.  Sellar’s approach, articulated mainly through essays published in diverse places over four decades, significantly influenced our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering Sellar's major essays in a single collection, this book demonstrates the scope and reach of Sellar’s overall contribution. It provides an opportunity to view Sellar’s work as a whole and to access his distinctive perspective on the overall trajectory of Scottish law.

List of Figures
vi
List of Abbreviations
vii
Acknowledgements xi
Table of Statutes
xii
Table of Cases
xviii
Introduction: David Sellar, Legal Historian 1(14)
H. L. MacQueen
1 The Continuity of Scottish Legal History: An Overview
15(38)
2 Celtic Law and Scots Law: Survival and Integration
53(31)
3 Marriage, Divorce and Concubinage in Gaelic Scotland
84(23)
4 The Lyon and the Seanchaidh
107(16)
5 Birlaw Courts and Birleymen
123(19)
6 English Law as a Source of Stair's Institutions
142(14)
7 The Resilience of the Scottish Common Law
156(17)
8 Scots Law: Mixed from the Very Beginning? A Tale of Two Receptions
173(18)
9 Marriage by Cohabitation with Habit and Repute: Review and Requiem?
191(25)
10 Marriage, Divorce and the Forbidden Degrees: Canon Law and Scots Law
216(23)
11 Forethocht Felony, Malice Aforethought and the Classification of Homicide
239(24)
12 Juridical Acts Made in Contemplation of Death
263(16)
13 Succession Law
279(18)
14 Courtesy, Battle and the Brieve of Right, 1368
297(14)
15 Promise
311(35)
16 Presumptions
346(27)
Index 373
Hector L. MacQueen, Scottish Law Commissioner, University of Edinburgh.