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Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thou...
Reconstructs the life of Peter Goldman and presents a full edition and translation of his surviving poems and letters. The Dundonian physician Peter Goldman, one of an immigrant family of merchants, was the first Scot to take a medical degree from Leiden; he then undertook research in Oxford, London, and Paris, before resettling in Dundee. An important figure in contemporary Scottish literary culture, he maintained a wide correspondence with significant intellectual figures and influenced two landmark Scottish publishing projects: the Delitiae poetarum Scotorum (1637) and the Blaeu Atlas of Scotland (1654). However, his major literary achievement was his Latin poetry, which establishes him as a unique voice of his time. His longest and most prominent work is an elegy on the deaths of four of his brothers, strikingly narrated in the voice of their lamenting mother. This book reconstructs and provides a study of Goldman's life, career and writing. It also offers a full edition and translation of his surviving poems and letters, with accompanying commentary. Appendices provide an edited list of his remarkable library and a transcript of his testament.
This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.
Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.
This volume is an important addition to the history of Scotland and European law, utilising innovative research and methodologies to highlight Scotland's position in medieval Europe as a sophisticated legal player. It places Scotland in a wider historical