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Law, Lawyers, and Humanism

Selected Essays on the History of Scots Law, Volume 1

John W. Cairns

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A collection of the most influential essays on Legal History from the career of John W. Cairns

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. 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.


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.

About the Author

John W. Cairns is Professor of Civil Law at the University of Edinburgh. His research interests include law and the Enlightenment, the history of Scots law, codification in Louisiana, and law and slavery. He has published two collections of essays in the Edinburgh Studies in Law series: Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1 and Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2 (Edinburgh University Press, 2015). He is the co-editor, with Paul J. du Plessis, of The Creation of the Ius Commune: From Casus to Regula (Edinburgh University Press, 2010) and Beyond Dogmatics: Law and Society in the Roman World (Edinburgh University Press, 2007).

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