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Full Description
This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England's common law. The laity's legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.
Contents
Preface
Acknowledgements
List of Diagrams and Tables
Abbreviations
1 Introduction
Introduction to Part 1
2 The Origins of the Scottish Common Law
3 The Common Law in the Later Thirteenth Century
4 Laws and Courts in the Burghs
5 Wrang and Unlaw
6 Pleadable Brieves and Pleading
Introduction to Part 2
7 Linguistic Communities in Medieval Scots Law
8 The Laws of Galloway
9 The Kin of Kennedy, Kenkynnol and the Common Law
Introduction to Part 3
10 Scottish Feudalism, Tenure, and the Ius Commune
11 Girth: Society and the Law of Sanctuary in Scotland
12 Magna Carta, Scotland and Scots Law
Introduction to Part 4
13 Tame Magnates? The Justiciars of Later Medieval Scotland
14 The King's Council and Church Courts in Later Medieval Scotland
15 The Foundation of Law Teaching at the University of Aberdeen
16 Glanvill Resarcinate: Sir John Skene and Regiam Majestatem
17 Conclusion
Bibliography
Index
