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,…mehr
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).Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh. She has published extensively in Scotland and abroad on comparative private law themes, including in particular the law of delict/tort. She is the Series Editor of the Edinburgh Studies in Law monograph series. David Carey Miller is Senior Lecturer in Law at the University of Edinburgh and Analysis Editor of the Edinburgh Law Review
Inhaltsangabe
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.
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.
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