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Join date : 2010-10-08

PostSubject: Scots law   Tue Nov 02, 2010 4:17 pm

Scots law is a unique legal system which has roots in various different sources of law. Up until the mid-tenth century, the law in Scotland was almost certainly Celtic,[1] but after that point, feudal and canon law gradually took over. On succeeding to the throne in 1124, King David I introduced elements of Anglo-Norman laws and legal institutions, such as sheriffs and justices. Scots law's first known text, Regiam Majestatem, was based heavily on Glanvill's English law treatise, although it also contains elements of civil law, feudal law, canon law, customary law and native Scots statutes. Although there was some indirect Roman law inflence on Scots law, via the civil law and canon law used in the church courts, the direct influence of Roman law was slight up until around the mid-fifteenth century.[2] After this time, Roman law was often adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute; and Roman law was in this way partially received into Scots law. Thus comparative law classifies Scots law as a mixed legal system, a group that also contains South African law and the legal systems of Louisiana, Quebec and Puerto Rico

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