Law and Legal Consciousness in Medieval Scotland


This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.

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Hector L. MacQueen CBE, FBA, FRSE, Ph.D. (1985), University of Edinburgh Law School, is Emeritus Professor of Private Law at that university. He is the author of Common Law and Feudal Society in Medieval Scotland (EUP, 1993; reissued 2016) and of numerous articles and textbooks on Scottish legal history and other aspects of Scots law in comparative context.
List of Diagrams and Tables

1 Introduction

Introduction to Part 1

2 The Origins of the Scottish Common Law

3 The Common Law in the Later Thirteenth Century

4 Laws and Courts in the Burghs

5 Wrang and Unlaw

6 Pleadable Brieves and Pleading

Introduction to Part 2

7 Linguistic Communities in Medieval Scots Law

8 The Laws of Galloway

9 The Kin of Kennedy, Kenkynnol and the Common Law

Introduction to Part 3

10 Scottish Feudalism, Tenure, and the Ius Commune

11 Girth: Society and the Law of Sanctuary in Scotland

12 Magna Carta, Scotland and Scots Law

Introduction to Part 4

13 Tame Magnates? The Justiciars of Later Medieval Scotland

14 The King’s Council and Church Courts in Later Medieval Scotland

15 The Foundation of Law Teaching at the University of Aberdeen

16 Glanvill Resarcinate: Sir John Skene and Regiam Majestatem

17 Conclusion
University libraries, legal historians, legal history research students at PhD and Masters levels, Scottish legal practitioners (especially members of Stair Society and Scottish Legal History Group), medieval historians.
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