- Title Pages
- Edinburgh Studies in Law Volume I
- Preface
- List of Contributors
- List of Abbreviations
- List of Abbreviations
- 1 While One Hundred Remain: T B Smith and the Progress of Scots Law
- 2 The Rational and the National: Thomas Broun Smith<sup>1</sup>
- 3 Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross
- 4 T B Smith as a Legal Historian
- 5 Borrowing from English Equity and Minority Shareholders’ Actions
- 6 “Calculated to our Meridian”? The Ius Commune, Lex Mercatoria and Scots Commercial Law in the Seventeenth and Eighteenth Centuries
- 7 Glory with Gloag or the Stake with Stair? T B Smith and the Scots Law of Contract
- 8 T B Smith’s Property
- 9 T B Smith: a Pioneer of Modern Medical Jurisprudence
- 10 Civilian and English Influences on Scots Criminal Law
- 11 Strange Gods in the Twenty-First Century: the Doctrine of <i>Aemulatio Vicini</i>
- 12 Travelling the High Road with T B Smith: Nationalism and Internationalism in the Defence of the Civilian Tradition
- 13 The Ties that Bind: T B Smith as a Comparative Lawyer
- 14 The Recognition Principle – Tracing Sir Thomas’ Vision to the Present European Law
- 15 Professor Sir Thomas Smith QC – a Bibliography
- Table of Cases
- Index
Civilian and English Influences on Scots Criminal Law
Civilian and English Influences on Scots Criminal Law
- Chapter:
- (p.218) 10 Civilian and English Influences on Scots Criminal Law
- Source:
- A Mixed Legal System in Transition
- Author(s):
Christopher Gane
- Publisher:
- Edinburgh University Press
This chapter examines the sources of Scottish criminal law, both past and present. In his Short Commentary, having noted the views of various writers and judges, Smith makes three claims: that ‘the Roman association’ played a major role in the development of Scots criminal law; that Civilian influences helped to maintain the independence of Scots criminal law, and the increasing English influence in the post-Hume period. The chapter attempts to evaluate these claims, having regard to the historical development of the substantive criminal law.
Keywords: Scots law, English law, criminal law, civil law
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- Title Pages
- Edinburgh Studies in Law Volume I
- Preface
- List of Contributors
- List of Abbreviations
- List of Abbreviations
- 1 While One Hundred Remain: T B Smith and the Progress of Scots Law
- 2 The Rational and the National: Thomas Broun Smith<sup>1</sup>
- 3 Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross
- 4 T B Smith as a Legal Historian
- 5 Borrowing from English Equity and Minority Shareholders’ Actions
- 6 “Calculated to our Meridian”? The Ius Commune, Lex Mercatoria and Scots Commercial Law in the Seventeenth and Eighteenth Centuries
- 7 Glory with Gloag or the Stake with Stair? T B Smith and the Scots Law of Contract
- 8 T B Smith’s Property
- 9 T B Smith: a Pioneer of Modern Medical Jurisprudence
- 10 Civilian and English Influences on Scots Criminal Law
- 11 Strange Gods in the Twenty-First Century: the Doctrine of <i>Aemulatio Vicini</i>
- 12 Travelling the High Road with T B Smith: Nationalism and Internationalism in the Defence of the Civilian Tradition
- 13 The Ties that Bind: T B Smith as a Comparative Lawyer
- 14 The Recognition Principle – Tracing Sir Thomas’ Vision to the Present European Law
- 15 Professor Sir Thomas Smith QC – a Bibliography
- Table of Cases
- Index
