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Law, Lawyers, and HumanismSelected Essays on the History of Scots Law, Volume 1$
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John W Cairns

Print publication date: 2015

Print ISBN-13: 9780748682096

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9780748682096.001.0001

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Scottish Law, Scottish Lawyers, and the Status of the Union

Scottish Law, Scottish Lawyers, and the Status of the Union

(p.88) 5 Scottish Law, Scottish Lawyers, and the Status of the Union
Law, Lawyers, and Humanism

John W Cairns

Edinburgh University Press

The Act of Union provided that the laws regulating trade, customs, and excises were to be the same in Scotland as in England. The Act also required the establishment in Scotland of a Court of Exchequer. This chapter further explores the broader significance of the Union for Scots law, showing how the preservation of the existing law provided by the Union did not stifle the dynamism of Scots law, nor prevent its being open to outside influences, even from English law. Whereas once the law had been seen as ius proprium in opposition to the ius commune, now it was largely viewed within a structure of ius naturale and ius gentium. The education and culture of Scots lawyers supported such an understanding.

Keywords:   Scots law, Treaty of Union, English law, Act of Union

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