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Essay / Research Paper Abstract
This 16 page paper looks at Scottish law from a number of perspectives. Written in three parts the first part looks at the basis and development of Scots law. The second part of the paper examines the way promises may be enforced under Scots law comparing it to Islamic law. The last part of the paper considers the concept of separate corporate identity in Scotland and compares this to Islamic law. The bibliography cites 7 sources.
Page Count:
16 pages (~225 words per page)
File: TS14_TEscotlawis.rtf
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Unformatted sample text from the term paper:
1707 many of the differences remain supported most recently by the instigation of a Scottish parliament. The basis of law is Scottish law is often cited
has having its basis in Roman law, but as Scotland was never conquered by the Romans the influence is relativity recent, and is seen following the unification of Scotland with
the rest of the UK in 1707, this is not the only influence, but it is one that is important, and English influence were seen prior to this event. The
main basis may be seen as a system of common law and civil law supported by statutes. The core basis of the
law may be argued as originating with Celtic law in almost a Scotland, and since some areas there was influence from Viking law (Lesaffer and Arriens, 2009). However, there is
little documented evidence from this time and it is apparent that there was a shift towards Anglo Norman law after King David I came to the throne in 1124. This
was when there were the roles of the sheriffs and justices introduced. The first legal text is Scotland was the Regiam Majestatem, which was heavily influenced by Glanvills English
law treatise, but it demonstrates the many sources of Scottish law as it also includes aspects of customary law, feudal law, canon law ands civil law as well as the
native statues. The influence of the English law creating an indirect influence of Roman laws. The issue the judiciary does not come the
fore until the 15th century, when James I passed an Act which stipulated that the Chancellor, and other discrete people from relevant states, would "hear causes and complaints". This lasted
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