Author: John Finlay
This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.
In: Aziatische Kunst
Author: John Finlay

This article considers two Scottish cases, in 1693 and 1711, in which legal opinions were obtained from professors in law faculties in the Netherlands. These are the only known examples of this phenomenon. As well as considering the contemporary citation of Dutch sources in Scottish pleadings, and the relevance of legal education particularly in Utrecht, the article considers why, in the context of the cases concerned, such appeals might have been made to the Dutch universities. These Dutch opinions are contrasted with the later tendency of Scottish lawyers to obtain opinions from English counsel in certain circumstances. The article ends with the text and translation of the 1711 opinion from Utrecht.


In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Author: John Finlay

Abstract

Beginning with two case studies, this article seeks to investigate the impact of patronage on conceptions of the ethical behaviour of practising advocates in post-Union Scotland. It is argued that efforts by individuals to protect their reputation and defend their character by reference to traditional notions of the virtuous advocate distort reality. The formal care taken by the Faculty of Advocates over admission to what it regarded as a noble profession, and in the promotion of ethical behaviour by ensuring that only competent men of good character took up the office of advocate, belies the fact that beneath the surface, concern with good character was often less important than family and political factors in securing acceptance and success at the bar.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
In: Legal Practice in Eighteenth-Century Scotland
In: Legal Practice in Eighteenth-Century Scotland
In: Legal Practice in Eighteenth-Century Scotland
In: Legal Practice in Eighteenth-Century Scotland
In: Legal Practice in Eighteenth-Century Scotland
In: Legal Practice in Eighteenth-Century Scotland