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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, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 26 May 2020

The Recognition Principle – Tracing Sir Thomas’ Vision to the Present European Law

The Recognition Principle – Tracing Sir Thomas’ Vision to the Present European Law

Chapter:
(p.293) 14 The Recognition Principle – Tracing Sir Thomas’ Vision to the Present European Law
Source:
A Mixed Legal System in Transition
Author(s):

Erich Schanze

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748623358.003.0014

Autonomy and recognition of Scots law in a world largely dominated by the English Common Law were the central theme of Sir Thomas Broun Smith's academic mission. Sir Thomas did not only succeed in his endeavours keeping Scots law alive but that he implicitly stressed a principle which has ultimately become one of the central pillars of European law: the principle of mutual recognition of national institutions. This principle presupposes respect for the relative autonomy of the various legal systems of the member states of the European Community.

Keywords:   Scots law, autonomy, European law, mutual recognition of national institutions, European Community

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