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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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The Rational and the National: Thomas Broun Smith1

The Rational and the National: Thomas Broun Smith1

(p.30) 2 The Rational and the National: Thomas Broun Smith1
A Mixed Legal System in Transition

George L Gretton

Edinburgh University Press

This chapter has two themes. The first is that Smith's seriousness about law was not merely a mask for ‘nationalism’. Smith was an irredentist, but his was a Civilian irredentism more than a Scottish one, and his Civilianism was not merely a proxy for nationalism. It argues that Smith was broadly right about the Civilian tradition's value in private law, though he sometimes overstated, and thereby harmed, his case. The second theme is that Smith's belief in the Civilian cause was largely limited to what he regarded as the central core of private law. It argues that Smith underestimated the importance of Civilian concepts to the remainder of private law.

Keywords:   T B Smith, civilian irredentism, civiliamism, private law, nationalism

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