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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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A Comparison of the Influence of Roman Law in England and Scotland☼

A Comparison of the Influence of Roman Law in England and Scotland☼

(p.309) 23 A Comparison of the Influence of Roman Law in England and Scotland
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common law took its own path in terms of legal terminology, legal training and ideas. However the Canon law and through it Roman law was important in Chancery and other specialised jurisdictions in England and when treatise literature developed there is Roman influence especially through Pothier. English law is therefore not as completely isolated from the Civilian tradition as is often suggested by concentrating on the work of the Common lawyers and their desire to claim independence of that tradition.

Keywords:   Roman law, Canon law, Glanvill, Regiam Majestatem, Civil law, Common law, Chancery, Ecclesiastical courts, Treatise literature, Pothier

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