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Scottish Legal History Notes

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.

The following is a more accessble plain text extract of the PDF sample above, taken from our Scottish Legal System Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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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