Law In Scotland Research Articles

Of Presbyters and Kings. Church and State in the Law of Scotland By Francis Lyall (Aberdeen: University Press, 1980. xii, 208pp. £10.00.)

Of Presbyters and Kings. Church and State in the Law of Scotland By Francis Lyall (Aberdeen: University Press, 1980. xii, 208pp. £10.00.)

Of Presbyters and Kings: Church and State in the Law of Scotland. by Francis Lyall. Aberdeen University Press, 1980. Pp. xii + 208. £10·00.

Of Presbyters and Kings: Church and State in the Law of Scotland. by Francis Lyall. Aberdeen University Press, 1980. Pp. xii + 208. £10·00.

REVIEWS

Bailment. By N. E. Palmer.Remedies for Breach of Contract. By Hugh Beale.Legal Norms and Legal Science. A Critical Study of Kelsen's Pure Theory of Law. By Ronald Moore.Moral and Legal Reasoning. By S. J. Stoljar.The Politics of the U.S. Supreme Court. By Richard Hodder‐Williams.Kindesmisshandlung? By Dieter Giesen.Of Presbyters and Kings: Church and State in the Law of Scotland. By Francis Lyall.The Maritime Zones of Islands in International Law. By Clive R. Symmons.Oil Rigs: Law and Insurance (Some Aspects of the Law and Insurance Relating to Offshore Mobile Drilling Units). By Michael Summerskill.Cases and Materials on International Law. Second edition.Studies in Civil Procedure. Edited by Eric Gertner.Perspectives on Legal Aid—An International Survey. Edited by Frederick H. Zemans.Solicitors and the Wider Community. By David Podmore.

Cameron v. H.M. Advocate

Jurisdiction — High Seas — Jurisdiction on the High Seas — Piracy — Definition of piracy — Tokyo Convention Act, 1967 — Whether definition of piracy — Merchant Shipping Act 1894, 686(1) — The law of Scotland

Gibson v. Lord Advocate

Treaties — Conclusion and operation of treaties — E.E.C. Regulation — Necessity for municipal legislation — European Communities Act 1972, Section 2(1) — Validity-Act of Union 1707 — Article XVIII — The law of Scotland

Wan Ping Nam v. Minister of Justice of German Federal Republic

The individual in international law — Extradition — Extradition of nationals — Federal Republic of Germany (Extradition) Order 1960 — The law of ScotlandThe individual in international law — Extradition — Extradition of nationals — Federal Republic of Germany (Extradition) Order 1960 — The law of ScotlandThe individual in international law — Extradition — Procedure of extradition — Extradition Act 1870 — Habeas corpus applications in matters of extradition — Federal Republic of Germany (Extradition) Order 1960 — Nationality of petitioner — The law of Scotland

The Brennan Case: Medicolegal Insanity?

The law of Scotland in regard to insanity induced by drink or drugs is considered in the context of the opinion of seven judges in Brennan's case. Reference is made to the views expressed in the English House of Lords decision in Majewski, also from seven judges. An assessment of legal insanity is given and some medical points noted. Tentative conclusions are suggested.

REVIEWS

Book reviewed in this article:Principles of Sentencing. By D. A. ThomasPrinciples of Scottish Private Law. By David M. WalkerIndustrial Law in Scotland. By Isaac P. MillerJurisprudence. By R. W. M. Dias. Third EditionIntroduction to Legal Theory. By John D. Finch.Equity. By George W. Keeton and L. A. Sheridan.The Tide of Divorce. By William Latey, q.cBankruptcy Law and Practice. By G. H. L. Fridman, I. Hicks and E. C. JohnsonInternational Law, being the collected papers of Hersch Lauterpacht, q.c. ll.d., f.b.a. Systematically arranged and edited by E. Lauterpacht, q.c

Roy v. H.M. Advocate

112Jurisdiction — Territorial — Territorial limits of — Offence committed outside jurisdiction — Extraterritorial application of statutes — The law of Scotland.

Book reviews and notes

QUESTIONS & ANSWERS ON THE LAW OF SCOTLAND by Frank Bates and James W. Coull, published by W. Green & Son 1970 (Concise College Texts series), £1. JUSTICE OUT OF REACH: A case for Small Claims Courts. A Consumer Council Study, published by H. M. S. O. at 4s. 6d. (22½ p.) 34 pp. PROFESSIONAL ETHICS, Bk II, by Sir Thomas Lund, published by the International Bar Association and Sweet & Maxwell, (1970) at £1. 5s. (£1.25), 51 pp. REVENUE LAW, by Barry Pinson, published by Sweet & Maxwell (4th ed. 1970) at £2. 18s. (£2.90) £5. 10s. bound). 702 pp. THE LAW OF INCOME TAX, SURTAX AND CAPITAL GAINS TAX, by Michael P. Barber, published by Sweet & Maxwell (Nutshell series, 1970) at 12s. (60p). 114 pp. THE LAW OF INTERNATIONAL TRADE, by Gloria Hooper, published by Sweet & Maxwell (Nutshell Series, 1970) at 12s. (60p). 68 pp. THE YEAR BOOK OF WORLD AFFAIRS 1970, published by Stevens & Sons at £4. 10s. (£4.50). 345 pp. SWEET & MAXWELL'S GUIDE TO THE ESTATE DUTY STATUTES, SUPPLEMENT 1970. 3s. 6d. (18p) Main work and supplement: £1. 18s, (£1.90) SWEET & MAXWELL'S FAMILY LAW STATUTES, edited by Sweet & Maxwell's Legal Editorial Staff (Advisory Editor, Olive M. Stone). £2. 10s. (£2.50) (£4. 10s. hardback) 564 pp.

The Criminal Law of Scotland. By Gerald H. Gordon, m.a., ll.b., ph.d., Advocate, Senior Lecturer in Criminal Law and Criminology in the University of Edinburgh, sometime Procurator Fiscal Depute at Edinburgh. [Edinburgh: Published under the auspices of the Scottish Universities Law Institute by W. Green & Son Ltd.1967. lxxiv, 1066 and (index) 37 pp. £12 12s. net.

The Criminal Law of Scotland. By Gerald H. Gordon, m.a., ll.b., ph.d., Advocate, Senior Lecturer in Criminal Law and Criminology in the University of Edinburgh, sometime Procurator Fiscal Depute at Edinburgh. [Edinburgh: Published under the auspices of the Scottish Universities Law Institute by W. Green & Son Ltd.1967. lxxiv, 1066 and (index) 37 pp. £12 12s. net.

Review: The Criminal Law of Scotland

Review: The Criminal Law of Scotland

Metal Industries (Salvage) Limited v. Owners of S.T. Harle

21Recognition of acts of foreign States — Legislative acts — Non-enforcement of foreign revenue law — Claim by foreign Government for contributions to State social insurance scheme — Whether cognizable by court of forum — Whether amounting to enforcement of foreign revenue law — The law of Scotland.

Custom as A Source of Law in Scotland1

Custom as A Source of Law in Scotland¹

A Short Commentary on the Laws of Scotland. By T. B. Smith. [Edinburgh: W. Green & Son, Ltd.1962. xx and 980 pp. £5 5s.

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A Short Commentary on the Law of Scotland. By T. B. Smith, q.c., d.c.l., ll.d., f.b.a., Professor of Civil Law, University of Edinburgh. [Edinburgh: W. Green & Son Ltd.1962. xx, 910 and (tables of cases and index) 69 pp. £5 5s. net.

A Short Commentary on the Law of Scotland. By T. B. Smith, q.c., d.c.l., ll.d., f.b.a., Professor of Civil Law, University of Edinburgh. [Edinburgh: W. Green & Son Ltd.1962. xx, 910 and (tables of cases and index) 69 pp. £5 5s. net.] - Volume 21 Issue 2

REVIEWS

Book reviewed in this article:Freedom in the Balance: Opinions of Judge Henry W. Edgerton Relating to Civil Liberties. Edited by Eleanor Bontecou.The Foundations of Freedom. By D. V. CowenGrundzüge des Mitteldeutschen Wirtschaftsrechts. By Benvenuto Samson.Japanese Occupation and Ex Post Facto Legislation in Malaya. By S. K. Das.Asian African Legal Consultative Committee: Third Session, Colombo, 1960.The Services of a Solicitor. By H. J. B. Cockshutt.Acta Juridica, 1959. General Editor: B. Beinart.The Faces of Justice. By Sybille Bedford.Cases and Materials on Evidence. By J. D. Morton.Boland and Sayer on Oaths and Affirmations. Second edition. By W. J. Fell and A. G. Keats.All the Modern Cases on Negligence. By Richard Bingham, Q.C.An Outline of Administrative and Local Government Law in Scotland. By J. Bennett Miller, T.D., M.A., LL.B.An Introduction to Equity. Fifth edition. By G. W. Keeton, M.A., LL.D.Controls for Outer Space. By Philip C. Jessup and Howard J. Taubenfeld.Legislative Power and the Supreme Court in the Fifties. By Vincent C. MacDonald.Lord Eldon's Anecdote Book. Edited by Anthony L. J. Lincoln and Robert Lindley McEwen.Lehrbuch des Sachenrechtes. By Dr. Fritz Baur.

A Source Book and History of Administrative Law in Scotland

A Source Book and History of Administrative Law in Scotland

BOOK REVIEWS

The Ministry of Works By Sir Harold Emmerson. The Victoria History of Wiltshire: Vol. V Published by the Oxford University Press for the University of London Institute of Historical Research Candidates in a Municipal Election By G. W. Fenn. A Source Book and History of Administrative Law in Scotland Edited by M. R. McLarty State Intervention and Assistance in Collective Bargaining: The Canadian Experience 1943–54 By H. A. Logan. From School Board to Local Authority By Eric Eaglesham. Les Services de la Fonction Publique dans le Monde By J.‐J. Ribas. Local Expenditure and Exchequer Grants Institute of Municipal Treasurers and Accountants Perspectives on Administration By Dwight Waldo.

English Influences on the Law of Scotland

THE SCOTTISH LEGAL SYSTEM APPLIES ONLY to a population of some five million within the borders of Scotland. Its extension overseas to the Scottish settlements in Darien and Nova Scotia during the 17th Century was shortlived; and, as will be discussed in the context of Constitutional Law, after the Union of 1707, English law became the personal law of British settlers in the Commonwealth overseas. Like the law of Quebec, Louisiana, and South Africa, Scottish law does not fit easily into the familiar divisions frequently made by comparative lawyers between civil law and common law systems, or between code law and case law system. But for the Union with England, Scotland might well have codified at least her civil law in the early 19th Century, like those countries with which she had close affinities in thought. The Scottish institutional writers such as Stair, Bankton, Kames, Erskine, and Bell-who still are treated as weighty authorities-owed much of their inspiration to Roman doctrine; and had done for Scots law a comparable service to that done by Pothier and Domat for French law prior to the Napoleonic codification. The possibility of fixing the orientation of Scottish law by codification really passed when, during the 19th Century, many new situations common to both Scotland and England resulted in the development of a substantial amount of what was in effect British law. In this development Scottish and English solutions affected each other reciprocally, and separate general codification of law for one country only ceased to be a practical proposition. Though some chapters of Scottish law are founded on indigenous custom-as, for example, the rules as to legal rights which may be claimed in the estate of a deceased by a surviving spouse or children-the Scottish system has been largely developed by comparative jurisprudence, and has drawn its principles, its categories and its methods from different sources at different stages of its evolution. English law has superseded Roman law as the main source of comparative principles taken into account by Scottish lawyers when