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.
|Title of host publication||The state of Scots law : law and government after the devolution settlement|
|Place of Publication||Edinburgh, UK|
|Number of pages||180|
|Publication status||Published - Aug 2001|
- scots law
- scottish jurisprudence
- scottish parliament