Full Description
This collection brings together in one volume the principal essays of David Sellar (1941-2019) on Scottish legal history, focused upon the influence of Celtic, Canon, English and customary law in the development of Scots law. It includes a paper written during Sellar's time as Lord Lyon King of Arms (2008-2014) but left unpublished at his death, along with a general introduction by Hector L. MacQueen.Sellar was a pioneering historian of Scots law who rejected previous interpretations of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, has had significant influence upon our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering the 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.
Contents
Introduction: David Sellar, Legal Historian,H L MacQueen
The Continuity of Scottish Legal History: An Overview
Part I: Celtic Law and Birlaw: Customary Law
Celtic Law and Scots Law: Survival and Integration
Marriage, Divorce and Concubinage in Gaelic Scotland
The Lyon and the Seannachie
Birlaw Courts and Birleymen
Part II: The Influence of English Law
English Law as a Source of Stair's Institutions
The Resilience of the Scottish Common Law
Scots Law: Mixed from the Very Beginning? A Tale of Two Receptions
Part III: The Influence of Canon Law: Marriage, Divorce and Homicide
Marriage by Cohabitation with Habit and Repute: Review and Requiem?
Marriage, Divorce and the Forbidden Degrees: Canon Law and Scots Law
Forethocht Felony, Malice Aforethought and the Classification of Homicide
Part IV: The Influence of English and Canon Law: Succession
Juridical Acts Made in Contemplation of Death
Succession
Courtesy, Battle and the Brieve of Right, 1368
Part V: The Influence of the European Jus Commune
Promise
Presumptions
