Scottish Legal System Research Articles

The genesis of professional organization in scotland: a contextual analysis

The early organization of accountants in Scotland has been explained as a consequence of the separate Scottish legal system, the rise of industrial society and as an attempt to achieve social closure and collective mobility. This paper reports on an historical investigation conducted within a critical-conflict paradigm which examined occupational organization in its contemporary socioeconomic and political contexts. It is shown that professional formation in Edinburgh and Glasgow in 1853 was an organizational response to the activities of a powerful group of London merchants whose demands for law reform were founded on the dominant economic philosophy of mid-Victorian Britain and whose proposals threatened the interests of accountants in Scotland. Further, a linkage between the dynamics of professional organization in Scotland and subsequent developments in England is provided.

Clinical Forensic Medicine

Preface 1. Legal systems - a world view W. T. M. Ransom 2. Scottish legal system C. George M. Fernie 3. The police in the United Kingdom Crispian Strachan 4. The practitioner's obligations Michael A. Knight, with contributions from Michael Wilks and C. George M. Fernie 5. The doctor in court Peter J. Franklin 6. Custody medicine - physical conditions Jeanne Herring 7. Custody medicine - mental illness and psychological conditions Victoria Evans and Gavin Reid 8. Substance misuse Margaret M. Stark and Guy A. Norfolk 9. Alcohol Ian F. Wall 10. Injury Jack Crane 11. Child abuse - physical Robert Sunderland 12. Child abuse - sexual Catherine White and Cathy Cobley 13. Adult sexual offences Deborah J. Rogers 14. Management of at-risk exposures and infection control in custody Felicity Nicholson 15. Scenes of crime Ian Hogg 16. Forensic science Ian C. Shaw and Julie Mennell 17. Forensic dentistry Judith A. Hinchliffe 18. Investigation of death Peter Dean 19. Dealing with a major disaster Anthony Busuttil 20. Occupational health of police officers W. D. S. McLay Index.

The Scottish Legal System—An Introduction to the Study of Scots Law. Second edition, revised. By David M. Walker, m.a., ll.b.(Glas.), ll.b. (Lond.), ph.d., ll.d. (Edin.). One of Her Majesty's Counsel in Scotland, of the Middle Temple, Barrister-at-Law, Regius Professor of Law, formerly Professor of Jurisprudence, in the University of Glasgow. [Edinburgh: W. Green & Son, Ltd.1963. xxxii and 386 pp.

The Scottish Legal System—An Introduction to the Study of Scots Law. Second edition, revised. By David M. Walker, <scp>m.a., ll.b.</scp>(Glas.), <scp>ll.b.</scp> (Lond.), <scp>ph.d., ll.d.</scp> (Edin.). One of Her Majesty's Counsel in Scotland, of the Middle Temple, Barrister-at-Law, Regius Professor of Law, formerly Professor of Jurisprudence, in the University of Glasgow. [Edinburgh: W. Green &amp; Son, Ltd.1963. xxxii and 386 pp.

REVIEWS

Book reviewed in this article:Constitutional Law. By J. D. B. Mitchell, LL.B., PH.D., Professor of Constitutional Law in the University of Edinburgh.Introduction to the Scottish Legal System. Second edition. By D. M. Walker.Freedom, the Individual and the Law. By H. Street.An Introduction to the Legal System of the United States. By E. Allan Farnsworth, Professor of Law, Columbia University School of Law.The Wall between Church and State. Edited by Dallin H. Oaks.

REVIEWS

Book reviewed in this article:Law in a Changing Society. By W. Friedmann.Walter Bagehot: A Study of his Life and Thought, Together with a Selection from his Political Writings. By Norman St. John‐Stevas.The Scottish Legal System. By Professor David M. Walker, m.a., ll.b., ph.d.The French Constitution of October 4th, 1958. By William PicklesCivil Liberties and Canadian Federalism. By F. R. Scott.Some Problems of the Constitution. By Geoffrey Marshall and Graeme C. Moodie.Prideaux's Forms and Precedents in Conveyancing. Vol. 2, 25th edition, by V. G. H. Hallett, A. P. McNabb and T. A. Blanco WhiteEmployer's Liability at Common Law. By John Munkman.F.O.B. Contracts. By David M. Sassoon.The Legal Aspects of Goods as Banking Security. By Maurice MegrahDie nennwertlose Aktie als Rechtsproblem. Rechtsvergleichende Untersuchung unter besonderer Berücksichtigung des amerikanischen Rechts. By Helmut CoingThe Exploitation and Conservation of the Resources of the Sea. By F. V. Garcia Amador.The Crime of State. Vol. I, Humanicide; Vol. II, Genocide. By Pieter N. Drost.

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