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John Erskine by Daniel Lizars from National Galleries Scotland. John Erskine of Carnock (4 November 1695 – 1 March 1768) was a Scottish jurist and professor of Scottish law at the University of Edinburgh. He wrote the Principles of the Law of Scotland and An Institute of the Law of Scotland, prominent books on Scots law.
The Regiam Majestatem is the earliest surviving work giving a comprehensive digest of the Law of Scotland. The name of the document is derived from its first two words. It consists of four books, treating (1) civil actions and jurisdictions, (2) judgments and executions, (3) contracts, and (4) crimes.
He was placed at the head of a commission in 1833 to inquire into the Scottish bankruptcy law. His smaller treatise, Principles of the Law of Scotland, became a standard text-book for law students. He wrote also Illustrations of the Principles. [1] in 1805 Bell married Barbara Shaw, granddaughter of Very Reverend David Shaw. [2]
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
In June 2017, he was the first witness to give evidence in public at the Scottish Child Abuse Inquiry [4] and provided a report to examine how legal regulations had changed. [5] Norrie co-authored 'The Law Relating to Parent and Child in Scotland' (ISBN 9780414018105), with the third edition of the book published 2014. [6]
The nature of Scots law before the 12th century is largely speculative but most likely was a folk-right system applying a specific customary legal tradition to a certain culture inhabiting a certain corresponding area at the time, e.g. Brehon law for the Gaels (Scoti and men of Galloway and Ayrshire), Welsh law for lowland Britons of Yr Hen Ogledd, Udal law for the Norse of Caithness and the ...
Scottish Courts and Tribunals, 1969, 5th edn 1985; Principles of Scottish Private Law (2 vols), 1970, 4th edn (4 vols), 1988–89; Law of Prescription and Limitation in Scotland, 1973, 6th edn 2002; Law of Civil Remedies in Scotland, 1974; Law of Contracts in Scotland, 1979, 3rd edn 1995; Oxford Companion to Law, 1980 (ed) Stair's Institutions ...
Like much of Scots property law, the principles of the law of possession mainly derive from Roman law. In possession, the custodian of the property ( both heritable and moveable property are capable of possession) is termed a possessor and described as being in possession of the property if he/she detains the property with the necessary mental ...