Abstract
This article will first focus on the “mechanics” of the “mixed legal system” in Scotland, the product of the nineteenth century and rooted in nineteenth-century conceptions of “legal science.” On the other side of the globe, the Thai legal system arose from historical contingency by which the nation sought both international recognition and self-consolidation after the colonial era. Against this backdrop, Thai legal scaffolding has been formed and imprisoned by its legal historiography as an intellectual imagination; in particular, the grand narrative creates local adherence to great legal tradition and rationalisation of Thai traditional values. Thai and Scots law may have had a completely different path of historical contingency, but what the two systems share is an exaggeration of grand narratives that obscure the nature of each legal system. To view these systems of law from a post-positivistic approach, a different approach is needed. After an initial discussion about Scots law, the influence of the civilian tradition upon Thai law will be investigated, followed by a summary of the main conclusions.
Highlights
The concept of “identity” mentioned in the quotation above plays an essential role in many facets of life
This article will first focus on the “mechanics” of the “mixed legal system” in Scotland, the product of the nineteenth century and rooted in nineteenth-century conceptions of “legal science.”
These systems are quite different, with Scotland being classified as a “mixed legal system,” drawing its rules of law initially from the civilian and subsequently from the common law tradition, and Thailand as a codified civilian system, we aim to demonstrate that the sense of “belonging” in these two systems, which is rooted in the civilian tradition, can have negative consequences if legal scholars within these systems become fixated upon a specific historical conception of the civilian tradition
Summary
The concept of “identity” mentioned in the quotation above plays an essential role in many facets of life. Thai law is stigmatised for attempting to catch up to the West while at the same time struggling to remain distinct in the context of the codified civilian tradition. Despite their different contexts and premises, Scots and Thai law have had similar experiences which have harmed the fluidity of both systems. In the final part of the article, a unified conclusion will be presented
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