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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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Stair, Grotius and the Sources of Stair's Institutions☼

Stair, Grotius and the Sources of Stair's Institutions☼

(p.255) 19 Stair, Grotius and the Sources of Stair's Institutions
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

Stair in his Institutions refers on occasion openly to Grotius, particularly to his De jure belli ac pacis but close examination of his text reveals more borrowing than appears from these references. It also appears that Stair made considerable use of Gudelinus’s De jure novissimo for what he says on Roman law, again without express acknowledgment. He also uses Craig’s Jus feudale in a similar way. This gives some insight into his working practices without detracting in any considerable degree from his great achievement.

Keywords:   Stair, Grotius, Gudelinus, Craig

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