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Scots Law

Also Known As Scottish Law
Mixed and Hybrid Legal Systems

Scots law is a hybrid or mixed legal system containing both civil law and common law elements, one of the three distinct legal systems within the United Kingdom alongside English law and Northern Irish law. Its roots run through the varied legal traditions of medieval Scotland, Gaelic, British, Anglo-Saxon and Norse, given a common shape by the feudal reforms spreading from the twelfth century onward; Roman law influence entered later, from around the fifteenth century, where native Scots rules gave no clear answer. The Acts of Union of 1707 merged the Scottish and English Parliaments into one legislature at Westminster, but Article 19 of the Treaty of Union expressly preserved the authority of the Scottish courts, including the Court of Session and the College of Justice, so Scots law itself was never absorbed into English common law. From the seventeenth through the nineteenth century a set of institutional writers, Craig, Stair, Bankton, Erskine and Bell, gradually gained formal authority as sources of law in their own right, a status common law jurisdictions do not generally grant to academic writing. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Disputed
Origin Year
1707
1707, the Acts of Union that merged the Scottish and English Parliaments while Article 19 of the Treaty of Union expressly preserved the courts of Scotland and its law, is taken here as the point Scots law became formally and permanently a distinct system rather than a candidate for full merger into English law. Its own roots are far older, tracing through twelfth century feudal reform and, from the fifteenth century, growing Roman law influence, so which date counts as origin depends on whether the formal preservation or the deeper legal inheritance is meant.
Example Jurisdictions
Scotland, within the United Kingdom. 1
Primary Source of Law
Legislation from the Scottish Parliament on devolved matters and from Westminster on reserved matters, judicial precedent, the institutional writers (Craig, Stair, Bankton, Erskine and Bell), and custom. 1
Classification
Legal Family
Mixed Legal System 1
Connections

Associated With

Roman-Dutch law heavily influenced Scots law.

Source Roman-Dutch Law (Wikipedia)

In Legal System

Named as one of the mixed-systems family, among its own worked examples (civilian and common law influences within the United Kingdom).

Includes

Source Alexander Bayne - Wikipedia
Source Baldred Bisset (Wikipedia)
Source Henry Home, Lord Kames (Wikipedia)
Source James Crawford (lawyer) (Wikipedia)

Stair is named among the institutional writers on scots-law own primary-source-of-law fact (Craig, Stair, Bankton, Erskine and Bell).

Source James Dalrymple, 1st Viscount of Stair (Wikipedia)
James Lorimer, Jurists
Source James Lorimer (Wikipedia)
Source James Parker Smith - Wikipedia
Source Robert Reed, Baron Reed of Allermuir (Wikipedia)
Source Neil MacCormick (Wikipedia)
Source Regiam Majestatem (Wikipedia)
In the Other Atlases
Sources
1. Scots Law (Wikipedia)
  • Wikipedia, Scots law, lede and Sources of law section
    a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources
  • Wikipedia, Scots law, Sources of law section
  • Scots law is a hybrid or mixed legal system containing civil law and common law elements
View the Source
JuriGlobe: Classification of Legal Systems (University of Ottawa)
University of Ottawa, Faculty of LawJuriGlobe, Classification of legal systems, Introductory Remarks
Quote, JuriGlobe, Classification of legal systems, Introductory Remarks
not to a single system but to a combination of systems
View the Source
James Dalrymple, 1st Viscount of Stair (Wikipedia)
WikipediaIncludes: James Dalrymple, 1st Viscount StairView the Source
Roman-Dutch Law (Wikipedia)
WikipediaAssociated With: Roman-Dutch Law, Introduction section
Quote, Associated With: Roman-Dutch Law, Introduction section
heavily influenced Scots law.
List of national legal systems (Wikipedia)
In Group: Civil and Common Law Hybrid Systems, Civil law and common law table: Scotland rowView the Source
James Lorimer (Wikipedia)
Wikipedia contributorsIncludes: James Lorimer, Wikipedia lead sentence
Quote, Includes: James Lorimer, Wikipedia lead sentence
was a Scottish advocate and professor of public law
View the Source
Robert Reed, Baron Reed of Allermuir (Wikipedia)
WikipediaIncludes: Lord Reed of Allermuir, Wikipedia lead sentence
Quote, Includes: Lord Reed of Allermuir, Wikipedia lead sentence
is a Scottish judge who has been President of the Sup
View the Source
James Parker Smith - Wikipedia
Includes: James Parker Smith, Wikipedia lead sentence
Quote, Includes: James Parker Smith, Wikipedia lead sentence
was a Scottish barrister and politician who served as
View the Source
Henry Home, Lord Kames (Wikipedia)
WikipediaIncludes: Henry Home, Lord Kames, Wikipedia lead sentence
Quote, Includes: Henry Home, Lord Kames, Wikipedia lead sentence
was a Scottish writer
View the Source
Neil MacCormick (Wikipedia)
WikipediaIncludes: Neil MacCormick, Wikipedia lead sentence
Quote, Includes: Neil MacCormick, Wikipedia lead sentence
was a Scottish legal philosopher and politician
View the Source
Baldred Bisset (Wikipedia)
WikipediaIncludes: Baldred Bisset, Wikipedia lead sentence
Quote, Includes: Baldred Bisset, Wikipedia lead sentence
was a medieval Scottish lawyer
View the Source
Regiam Majestatem (Wikipedia)
Includes: Regiam Majestatem, Wikipedia lead paragraph
Quote, Includes: Regiam Majestatem, Wikipedia lead paragraph
surviving work giving a comprehensive digest of the Law of Scotland. The name of the document is derived from its fir
View the Source
Alexander Bayne - Wikipedia
Includes: Alexander Bayne, Wikipedia lead sentence
Quote, Includes: Alexander Bayne, Wikipedia lead sentence
was the first tenant of the chair of Scots law in the University of Edinburgh
View the Source
James Crawford (lawyer) (Wikipedia)
Includes: James Crawford, Wikipedia lead sentence
Quote, Includes: James Crawford, Wikipedia lead sentence
was a Scottish lawyer and church elder from Edinburgh
View the Source
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