This collection of essays considers the work of Professor Sir Thomas Smith QC (1915--1988) and, through that work, the development of Scots law as a mixed legal system. Smith was a leading figure in the revival of Scots law which began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems. Yet in Scotland he was a controversial figure, whose advocacy of the civil law tradition was challenged and whose legacy is disputed. This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influence. The contributors approach their subject from different angles and in different ways. Two contributors are from other mixed legal systems (South Africa and Louisiana).
Elspeth Reid is Senior Lecturer, School of Law, University of Edinburgh. David Carey Miller is Senior Lecturer in Law at the University of Edinburgh and Analysis Editor of the Edinburgh Law Review
Preface; List of Contributors; List of Abbreviations; 1 While One Hundred Remain: T B Smith and the Progress of Scots Law; Kenneth G C Reid; 2 The Rational and the National: Thomas Brown Smith; George L Gretton; 3 Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross; Hector L MacQueen; 4 T B Smith as a Legal Historian; John Blackie; 5 Borrowing from English Equity and Minority Shareholders' Actions; Niall R Whitty; 6 "Calculated to our Meridian"? The Ius Commune, Lex Mercatoria and Scots Commercial Law in the Seventeenth and Eighteenth Centuries; A D M Forte; 7 Glory with Gloag or the Stake with Stair? T B Smith and the Scots Law of Contract; Hector L MacQueen; 8 T B Smith's Property; D L Carey Miller; 9 T B Smith: a Pioneer of Modern Medical Jurisprudence; David W Meyers; 10 [to follow]; C Gane; 11 Strange Gods in the Twenty-First Century: the Doctrine of Aemulatio Vicini; Elspeth Reid; 12 Travelling the High Road with T B Smith: Nationalism and Internationalism in the Defence of the Civilian Tradition; Vernon Valentine Palmer; 13 The Ties that Bind: T B Smith as a Comparative Lawyer; Daniel Visser; 14 The Recognition Principle - Tracing Sir Thomas' Vision to the Present European Law; Erich Schanze; 15 Professor Sir Thomas Smith QC - a Bibliography; Ross Gilbert Anderson; Index.