I.

Scottish Legal History

 European Context theme going back to Roman Law
Until 656
 Roman Law presided over their vast Roman Empire, and concepts of Roman
Law influence much of modern civil law
 But Roman Law never got to the territory of Scotland
 At that time, Scotland was not a country, but a collection of tribes and small kingdoms
 Romans build a wall at the border between Scotland and England
 Roman Empire falls
 Christianity is spread in Europe
 Church used the law and court to uphold its beliefs 565
 Death of Justinian, Roman Emperor of the surviving Roman Empire in the east
 Justinian Institutes and Digest: law survived, reshaped and was being taught 565-1000
 Early dark/ middle ages
 Lack of strict legal authority after fall of Roman law
 Continuing development of the Church
 Rise of Feudalism- power building, land was distributed by people of power to those below them, in return for giving their superiors military force 1000-15000
 Beginning of the rise of states in Europe
 England was highly organised and governed because of the Norman
Conquest headed by William the Conqueror
 The common law of England resulted
 The king took an increasing role in doing a better quality of justice
 The king in these courts provided remedies in particular situations, and the king's law was superior
 Gives rise to the notion that English law is not about rights, but about providing a remedy for injustice
 Roman law was rediscovered
 Cannon law, law of the church, was also rediscovered
 Roman law and cannon law were taught at universities

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