Parution : 10/2023
Editeur : Brill
ISBN : 978-9-0045-1228-3
Site de l'éditeur

Law and Legal Consciousness in Medieval Scotland

Hector L. MacQueen

Présentation de l’éditeur

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.



Chapter 1 Introduction

Part 1

Introduction to Part 1
Chapter 2 The Origins of the Scottish Common Law
Chapter 3 The Common Law in the Later Thirteenth Century
Chapter 4 Laws and Courts in the Burghs
Chapter 5 Wrang and Unlaw
Chapter 6 Pleadable Brieves and Pleading

Part 2

Introduction to Part 2
Chapter 7 Linguistic Communities in Medieval Scots Law
Chapter 8 The Laws of Galloway
Chapter 9 The Kin of Kennedy, Kenkynnol and the Common Law

Part 3

Introduction to Part 3
Chapter 10 Scottish Feudalism, Tenure, and the Ius Commune
Chapter 11 Girth: Society and the Law of Sanctuary in Scotland
Chapter 12 Magna Carta, Scotland and Scots Law

Part 4

Introduction to Part 4
Chapter 13 Tame Magnates? The Justiciars of Later Medieval Scotland
Chapter 14 The King’s Council and Church Courts in Later Medieval Scotland
Chapter 15 The Foundation of Law Teaching at the University of Aberdeen
Chapter 16 Glanvill Resarcinate: Sir John Skene and Regiam Majestatem

Chapter 17 Conclusion

Medieval Law and Its Practice , Vol. 40  171,97 €