The political purpose of the ‘mixed legal system’ conception in the law of Scotland

Abstract

This article explores the concept of the ‘mixed system’ of Scots private law as a tool for Scottish legal nationalism. The paper looks at some difficulties and contradictions of the ‘mixed system’ idea and the role of Scottish legal nationalism in Scottish legal academia. Examples from contract, tort (delict) and property law will be used to illustrate the function of the ‘mixed system’ conception as an ideological and political device to further the cause of legal nationalism. The article then discusses the features of Scottish legal nationalism. It will be argued that Scottish legal nationalism poses many problems but is now diminishing, and this probably even correlates, somewhat paradoxically, with the rise of Scottish political nationalism and the real possibility of Scottish political independence from the United Kingdom in the present political climate.