Abstract
How might Scottish legal thought change in the context of a Scottish Parliament? When we ask this deceptively simple question, we encounter an immediate problem. It is a problem in some ways remarkably like the situation in 1707, except in inverse. Nothing like this has happened before to a mixed jurisdiction with a history such as Scotland's. To explore some aspects of this question, I would like to take the subject of jurisprudential thought as an aspect of legal identity. In doing so I shall take a broad view of what constitutes legal literature, and shall argue for the possibility of a Scottish jurisprudence, both critical and historical.
Original language | English |
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Title of host publication | The State of Scots Law |
Subtitle of host publication | law and Government after the Devolution Settlement |
Place of Publication | Edinburgh, UK |
Number of pages | 15 |
Publication status | Published - 1 Aug 2001 |
Keywords
- scots law
- scottish jurisprudence
- scottish parliament