The History of Leith

October 14, 2011

Scots law

Scots law is a unique legal system; it can trace its legal roots to various different sources of law. The law in Scotland was Celtic until the Anglo-Norman era, but after that point, feudal and gradually common law began to establish itself. On succeeding to the throne in 1124, King David I introduced elements of Anglo-Norman laws and legal institutions, such as sheriffs and justices. An early Scottish legal compilation, Regiam Majestatem, was based heavily on Glanvill’s English law treatise, although it also contains elements of civil law, feudal law, canon law, customary law and native Scots statutes. Although there was some indirect Roman law influence on Scots law, via the civil law and canon law used in the church courts, the direct influence of Roman law was slight up until around the mid-fifteenth century.After this time, Roman law was often adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute; and Roman law was in this way partially received into Scots law. Thus comparative law classifies Scots law as a mixed legal system, a group that also contains South African law and the legal systems of Louisiana, Quebec and Puerto Rico. for more click here

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