LEADER 03724nam 22006611c 450 001 9910807884803321 005 20200115203623.0 010 $a1-4725-6016-7 010 $a1-281-35728-6 010 $a9786611357306 010 $a1-84731-398-1 024 7 $a10.5040/9781472560162 035 $a(CKB)1000000000408195 035 $a(EBL)342898 035 $a(OCoLC)476157076 035 $a(SSID)ssj0000189798 035 $a(PQKBManifestationID)11215606 035 $a(PQKBTitleCode)TC0000189798 035 $a(PQKBWorkID)10156792 035 $a(PQKB)10108844 035 $a(MiAaPQ)EBC1772602 035 $a(OCoLC)646797008 035 $a(UtOrBLW)bpp09255713 035 $a(MiAaPQ)EBC342898 035 $a(Au-PeEL)EBL342898 035 $a(iGPub)HARTB0000391 035 $a(EXLCZ)991000000000408195 100 $a20140929d2007 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aLaw and opinion in Scotland during the Seventeenth Century /$fJ.D. Ford 205 $a1st ed. 210 1$aOxford ; Portland, OR $cHart Publishing $d2007. 215 $a1 online resource (662 p.) 300 $aDescription based upon print version of record. 311 $a1-84113-789-8 320 $aIncludes bibliographical references (pages [573]-637) and index 327 $a1 THE COLLEGE OF JUSTICE -- 2 THE INTERREGNUM COURT -- 3 THE COURT OF LAW -- 4 THE RESTORATION COURT -- 5 THE REVOLUTION COURT -- 6 THE COURT OF EQUITY 330 8 $aIn Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland 606 $aLaw$zScotland$xHistory$y17th century 606 $2Private / Civil law: general works 606 $aLegal opinions$zScotland$xHistory$y17th century 606 $aLaw$zScotland$xInterpretation and construction 615 0$aLaw$xHistory 615 0$aLegal opinions$xHistory 615 0$aLaw$xInterpretation and construction. 676 $a349.411 700 $aFord$b J. D$g(John Davidson)$05284 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910807884803321 996 $aLaw and opinion in Scotland during the Seventeenth Century$94025604 997 $aUNINA