Books in the Edinburgh Studies in Law series

Comparative and succession law in Scotland and South Africa, including a comparison with Dutch law.

This collection of essays considers the work of Professor Sir Thomas Smith QC (1915--1988) and, through that work, the development of Scots law as a mixed legal system.

This book provides a survey of the debate about the relationship between law and society in the Roman world.

This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe.

A comparative study of the 'mixed jurisdictions' of Scotland and Louisiana.

This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.

A study of legislative developments in areas of law and policy devolved to the Scottish Parliament.

This book will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still vigorous and vital national laws may continue to be developed.

Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law.

Intends to look in a coherent fashion at the topic of possession in Law from a comparative and historical perspective. This volume attempts to answer questions such as: Why protect possession? How is possession understood in civilian legal systems and in the common law? What are the remedies provided by the law for the sheer fact of possession?

Compares trust and patrimony laws in England, Scotland, Quebec and the Netherlands. This volume explores the multiple ways in which the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It features papers written by law scholars.

The first volume of two, this collection of essays on Scots Law represents a selection of the most cited articles published by Professor John W. Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. This collection covers the foundation and continuity of Scots Law from 16th and 17th century Scotland through the 18th century influence of Dutch Humanism into the 19th century and the further development of the Scots legal system and profession.

When it was published in 2011, Law Making and the Scottish Parliament offered the first wide-ranging critical analysis of legislative developments in those areas of law and policy devolved to the Scottish Parliament under the devolution settlement. This paperback edition makes it more accessible to a wider audience. It begins with a brief account of the devolution settlement and summarises the themes emerging from the seventeen chapters. Each chapter is dedicated to a discrete area of the law and is written by an acknowledged expert in the field, providing a critical overview of the Scottish Parliament's contribution, highlighting what it has achieved, what it has failed to do and what might be done in the future. In a single volume, Law Making and The Scottish Parliament: The Early Years provides a scholarly evaluation of the legislative achievements of Scotland's devolved parliament in its first decade. It will appeal to legal and other scholars and students, lawyers and anyone with an interest in Scottish politics, policy-making and law. Edited by Professor Elaine E. Sutherland, Dr. Kay E. Goodall, Professor Gavin F.M. Little and Professor Fraser P. Davidson, all of the School of Law, University of Stirling.

A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

Focusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.