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Thomas Craig on the origin and development of feudal law

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review
Author:
Leslie Dodd Dr., MA (Hons.), LLB, PhD; Lecturer in Law, Edinburgh Napier University, Craiglockhart Campus, Edinburgh EH14 2DJ

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Summary

When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law and tenure in the fourth and fifth titles of the first book. By close examination of the text, the detailed formulation of Craig’s argumentation and technique is uncovered as well as the myriad classical, mediaeval and humanist sources upon which his literary project was based. In this way, the deep relationship between Craig – and by extension Scots law – and the historico-legal product of the French legal humanists is explored.

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