A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law
Elspeth Reid and David Carey Miller
Abstract
This book considers the work of Professor Sir Thomas Smith QC (1915–1988) and, through that work, the development of Scots law as a mixed legal system. Smith was a leading figure in the revival of Scots law that began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems. Yet in Scotland he was a controversial figure, whose advocacy of the civil law tradition was challenged and whose legacy is disputed. This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influenc ... More
This book considers the work of Professor Sir Thomas Smith QC (1915–1988) and, through that work, the development of Scots law as a mixed legal system. Smith was a leading figure in the revival of Scots law that began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems. Yet in Scotland he was a controversial figure, whose advocacy of the civil law tradition was challenged and whose legacy is disputed. This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influence. The contributors approach their subject from different angles and in different ways. Two contributors are from other mixed legal systems (South Africa and Louisiana).
Keywords:
comparatist,
civil law,
South Africa,
Louisiana,
Sir Thomas Smith
Bibliographic Information
Print publication date: 2005 |
Print ISBN-13: 9780748623358 |
Published to Edinburgh Scholarship Online: March 2012 |
DOI:10.3366/edinburgh/9780748623358.001.0001 |