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A Mixed Legal System in TransitionT. B. Smith and the Progress of Scots Law$
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Elspeth Reid and David Carey Miller

Print publication date: 2005

Print ISBN-13: 9780748623358

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748623358.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 06 July 2022

Civilian and English Influences on Scots Criminal Law

Civilian and English Influences on Scots Criminal Law

(p.218) 10 Civilian and English Influences on Scots Criminal Law
A Mixed Legal System in Transition

Christopher Gane

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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