Presents a collection of the most influential essays on legal history from the career of John W Cairns. This collection covers the foundation and continuity of Scots Law from 16th and 17th century Scotland through the 18th century influence of Dutch Humanism into the 19th century and the further development of the Scots legal system and profession. The first volume of two, this collection of essays on Scots Law represents a selection of the most cited articles published by Professor John W Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate.
John W. Cairns is a legal historian and graduate of the University of Edinburgh (LLB PhD). His research interests cluster around law and the Enlightenment, the history of Scots law, codification in Louisiana, and law and slavery.
Acknowledgements; Introduction; Foundation and Continuity; 1. From Claves Curiae to Senators of the College of Justice: Changing Rituals and Symbols in Scottish Courts; 2. English Looters and Scottish Lawyers: the ius commune and the College of Justice; 3. Ius Civile in Scotland ca. 1600; 4. The Law, the Advocates and the Universities in Late Sixteenth-Century Scotland; 5. Scottish Law, Scottish Lawyers and the Status of the Union; 6. Natural Law, National Laws, Parliaments and Multiple Monarchies: 1707 and Beyond; 7. Attitudes to Codification and the Scottish Science of Legislation, 1600-1830; Significance of Dutch Humanism; 8. Importing our Lawyers from Holland: Netherlands' Influences on Scots Law and Lawyers in the Eighteenth Century; 9. Three Unnoticed Scottish Editions of Pieter Burman's Antiquitatum Romanarum brevis description; 10. Legal Study in Utrecht in the late 1740s: The Legal Education of Sir David Dalrymple, Lord Hailes; Development of the Legal Profession; 11. The Formation of the Scottish Legal Mind in the Eighteenth Century: Themes of Humanism and Enlightenment in the Admission of Advocates; 12. Advocates' Hats, Roman Law and Admission to the Bar, 1580-1812; 13. Alfenus Varus and the Faculty of Advocates: Roman Visions and the Manners that were Fit for Admission to the Bar in the Eighteenth Century; Blackstone, Feudalism and Institutional Writings; 14. Craig, Cujas, and the Definition of Feudum; Is a Feu a Usufruct?; 15. Blackstone, an English Institutist: Legal Literature and the Rise of the Nation State; 16. Professorial Classification of English Common Law; 17. Blackstone, Kahn Freund, and the Contract of Employment; 18. The Moveable Text of Mackenzie: Bibliographical Problems for the Scottish; Concept of Institutional Writing.