О правовой системе Шотландии

Abstract

This research paper analyses the Scottish legal system, which both legal theory and comparative jurisprudence often treat very superficially. It is usually just an observation that the Scottish legal system is not subordinate to English law. The paper describes the history of formation and development of the Scottish legal system, drawing attention to the French legal orientation on the one hand and to the strengthening of the common law tradition on the other. The paper also highlights the Scottish legal system, the criminal court system, the criminal procedure, the civil court system and the lower courts as being significantly different from English law for historical reasons. The paper describes the legal sources of law - case law and legislation, as well as certain branches of law. Emphasising that the Scottish legal system is part of a mixed (hybrid) legal family as a result of state-legal integration and convergence of legal systems, the latter must be distinguished from a mixed (pluralistic) legal family which combines elements of the common law legal family with elements of the Romano-Germanic legal family as well as with institutions of traditional and religious legal systems. In conclusion, it is emphasised that, firstly, the actualisation of mixed legal systems is largely linked to globalisation; secondly, it is argued that mixed legal families should be taken into account in their classifications. The author declares no conflicts of interests.