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Vol 24 No 9 Sept/Oct 2019

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A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Edited by: Elspeth Reid, D.L.C. Miller

ISBN13: 9780748623358
ISBN: 0748623353
Published: December 2006
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £85.00

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This collection of essays considers the work of Professor Sir Thomas Smith QC (1915--1988) and, through that work, the development of Scots law as a mixed legal system.

Smith was a leading figure in the revival of Scots law which began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems. Yet in Scotland he was a controversial figure, whose advocacy of the civil law tradition was challenged and whose legacy is disputed.

This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influence. The contributors approach their subject from different angles and in different ways. Two contributors are from other mixed legal systems (South Africa and Louisiana).

Scots Law
List of Contributors
List of Abbreviations
1. While One Hundred Remain: T B Smith and the Progress of Scots Law
Kenneth G C Reid
2. The Rational and the National: Thomas Brown Smith
George L Gretton
3. Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross
Hector L MacQueen
4. T B Smith as a Legal Historian
John Blackie
5. Borrowing from English Equity and Minority Shareholders' Actions
Niall R Whitty
6. "Calculated to our Meridian"? The Ius Commune, Lex Mercatoria and Scots Commercial Law in the Seventeenth and Eighteenth Centuries
A D M Forte
7. Glory with Gloag or the Stake with Stair? T B Smith and the Scots Law of Contract
Hector L MacQueen
8. T B Smith's Property
D L Carey Miller
9. T B Smith: a Pioneer of Modern Medical Jurisprudence
David W Meyers
10. [to follow]
C Gane
11. Strange Gods in the Twenty-First Century: the Doctrine of Aemulatio Vicini
Elspeth Reid
12. Travelling the High Road with T B Smith: Nationalism and Internationalism in the Defence of the Civilian Tradition
Vernon Valentine Palmer
13. The Ties that Bind: T B Smith as a Comparative Lawyer
Daniel Visser
14. The Recognition Principle - Tracing Sir Thomas' Vision to the Present European Law
Erich Schanze
15. Professor Sir Thomas Smith QC - a Bibliography
Ross Gilbert Anderson