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This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of the Session in the fifteenth century as a judicial sitting of the King s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.
This collection of essays, part of the Four Courts Press Ulster & Scotland Series, studies Scottish settlement in Ulster and its longer-term impact in the post-Plantation years. Contributors include: William P. Kelly (UU), Robert Armstrong (TCD), David Menarry (U Aberdeen), Michael Perceval-Maxwell (McGill U), Raymond Gillespie (NUIM), Alison Cathcart (U Strathclyde) and Ciaran Brady (TCD).
Scots law and the legal institutions of Scotland are markedly different to that in the rest of the UK, determined by its own distinctive history and its relationship with other legal systems. Written in plain English for non-lawyers, this publication examines the Scottish legal system post-devolution, covering a range of topics including: the origins and sources of Scots law; the judicial system; civil courts and civil judicial procedure; tribunals; criminal courts and the criminal justice system; legal personnel including judges and sheriffs, public prosecutors and the legal profession; the administration of the Scottish legal system; judicial review; legal aid and other sources of assistance.
This book looks at the architecture of the courts in Scotland and the importance of these civic spaces. Given the importance of courts to the legal experience it starts by exploring why scholars have been so reticent in examining spaces in which the administration of justice takes place. It notes the major changes already unfolding in Scotland and puts these into a historical and cultural context. The authors trace the emergence of the notion of the dedicated courtroom space in 19th century Scotland and the ways in which the courtroom setting affected the exercise of power through law. They show what factors led to the adoption of different architectural styles. They examine the changes in t...
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into summary justice in Scottish towns, c.1800 to1892. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles.