Scots Law Notes > Scottish Legal System Notes
This is an extract of our Scottish Legal History document, which we sell as part of our Scottish Legal System Notes collection written by the top tier of The University Of Edinburgh students.
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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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