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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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Scotland as a Mixed Jurisdiction☼

Scotland as a Mixed Jurisdiction☼

(p.343) 25 Scotland as a Mixed Jurisdiction
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

Scotland is a mixed jurisdiction in that it has shared both in the Civilian tradition and the tradition of the English Common law. The mixture stems in part from the political relations of Scotland and England which led ultimately to union. The union in principle left private law still separate but the union has not been an equal one and the predominance of English interests in Parliament and appeal to a House of Lords not always familiar with or sympathetic to Scots law has led to a considerable admixture of English law. Union with Europe however now offers the prospect of a new mixture less biased towards a Common law itself less confident of its innate superiority.

Keywords:   Mixed jurisdictions, Civilian tradition, Common law tradition, European law

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