Sixth lecture in Glasgow and West of Scotland Branch

Dr John Finlay on "The Impact of Scots Law on Scottish History"

Dr Finlay began with the early medieval  origins of Scots law and its international setting. Scots law took from Celtic law in Ireland, Norse  law from Scandinavia, English common law strongly even after the wars of independence and bad relations , Roman law from the twelfth century and law in Europe generally so that there was not a clear Scots law  eg in the Great Cause  inquiries were made in Paris because Scots law did not have an answer as to who would succeed to the throne .  Law students  went to universities in Europe eg  Skene and Balfour studied at Wittenberg.   Canon law was especially influential - the administration of Scots law was carried out by church courts:  procedure was that of canon law: and church personnel moved from  ecclesiastical  to secular, courts.

The Reformation brought change eg Scots statutes:  lay commissary courts took over from the Roman Catholic church courts: and as the nation states of Europe developed  they did so against a framework of law which existed all over Europe.

The shapers of Scots law in the 17th and 18th centuries  eg Stair, had a background in European law. Domestic legal education was established in the 18th and 19^th centuries.

By  1707 Scots law was steeped in continental jurisdiction and he contrasted this with the law of England's unique make up.  Consequences  of the Union were - appeals to the House of Lords: in pre 1707 cases in Scotland involving questions of foreign law  there were French, Dutch and Scandinavian influences but after 1707 English cases prevailed because of the increase in trade: citation of more English texts:  courts were trying to work out how to deal with European law and the common law eg the prerogative;  it took time to get issues into the Scottish courts and the opinions of English lawyers were used in commercial cases:  many  Scots went to England to train in English law as patronage was exercised through the Court of Session and therefore it was desirable to get a name in England.

In the enlightenment thinkers in Scotland preferred court case law rather than parliamentary legislation. In the 19^th century there was a growth in Anglicisation.

Interesting questions were asked ranging from Roman law through the Treason Act of 1708 to the development of Scots law in relation to recent human rights judgements.