A LEGAL HISTORY OF SCOTLAND
Volume V: The Eighteenth Century
David M. Walker
This volume examines the progress of the law of Scotland
from the Union of 1707 to the early years of the 1 800s. It is a period
full of dramatic developments, notable figures and great cases. The backdrop
is growing industry and commerce, the brilliance of the Scottish Enlightenment
and the turmoil brought about by the French Revolution.
The legal nature and status of the Treaty of Union are
analysed in detail and its consequences are seen in many contexts. The
changes in Parliament and in central and local govemment are examined,
including the consequences of the 15 and '45 Rebellions,
the abolition of the heritable jurisdictions and the creation of the modem
sheriff courts.
There was the beginning of appeals to the House of Lords,
the creation of the Court of Exchequer and the start of the reshaping of
the Court of Session. The personalities and qualities of some of the judges
become evident: the statesmanlike Forbes, the scholarly Kàmes and
Hailes, the eccentric Grange, the bibulous Hermand, the unjustly criticised
Braxfield.
The century witnessed the beginnings of law teaching
and the developing flow of texts: the Institutes of Bankton and
of Erskine, Hume's Crimes and Trialfor Crimes and Bell's
Bankruptcy (later Commentaries).
Also covered are the development of the legal profession,
the establishment of a home for the public records, the imposition of the
English law of treason, the genesis of companies, the beginnings of bankruptcy,
copyright and patent law, the start of Gretna Green marriages, the earliest
instances of liability for negligent harms, the ambivalent position of
defamation, partly criminal, partly civil, and the first friendly societies
and co-operatives.
It is a period of immense interest and importance and
in it can be seen the roots of many characteristic features of modem law.
David M. Walker, CBE, QC, is Regius Professor
Emeritus of Law in the University of Glasgow.
£105 - - -- - ISBN 0567 005267 - - - xxiv
+ 878 pp (cased)
The previous four volumes of Professor Walker's LegaI
History are available: Volume I (The Beginnings to A.D. 1286); Volume
Il (The LaterMiddleAges); Volume III (The Sixteenth Centuiy);
Volume IV (The Seventeenth Century). The prices are shown below.
