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Comparative Perspectives in Scottish and Norwegian Legal History, Trade and Seafaring, 1200-1800

Edited by: Andrew R.C. Simpson, Jørn Øyrehagen Sunde

ISBN13: 9781399503853
To be Published: March 2023
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

Examines the connections and points of contact between Norwegian law and Scots law.

  • Brings together contributions from distinguished and early career scholars, with expertise in the fields of legal, economic and political history
  • Compares Scottish and Norwegian state formation, governance of the realm and town law, migration, trade and seafaring across the North Sea
  • Lays the groundwork for future studies in comparative legal history between Scotland and Norway
  • Reflects on and contributes to the methodology of comparative legal history more generally
  • Each chapter pair is accompanied by an introduction by the editors drawing out the common themes

There were significant points of contact and similarities in the ways in which the laws of Scotland and Norway developed. The Treaty of Perth of 1266 was of significance in the state formation of both countries, and in the determination of their territorial boundaries. The laws and customs applicable in the Orkneys and the Shetlands remain distinctive due to Norse influence, centuries after those islands became subject to Scottish sovereignty. The extensive trading links between two countries united by the North Sea raises the question of how trade between the territories was regulated.

This book brings together experts in Norwegian and Scottish legal, economic and political history to explore these points of contact. It breaks new ground, considering Scots law in terms of its historical interactions and similarities with another national legal system, rather than in terms of its place at the intersection between the common law and the civilian traditions.

This definitive reference work will form the basis of future studies in comparative legal history, and comparative law more generally, in relation to Scotland and Norway.

Legal History
Introduction, Andrew R.C. Simpson and Jørn Øyrehagen Sunde
Section One: the medieval period, ca.1200-ca.1500
1. The Treaty of Perth: Union of the realm and the king’s law, Erik Opsahl
2. The Treaty of Perth: Union of the realm and the laws of the kingdom, Dauvit Broun
3. Law and Administrative Change in Norway, Twelfth-Fourteenth Centuries, Jørn Øyrehagen Sunde
4. Law and Administrative Change in Scotland, Twelfth-Fourteenth Centuries, Alice Taylor
5. Urban Legal Procedure in Fourteenth Century Norway, Miriam Jensen Tveit
6. Procedures of the Scottish Common Law in a Medieval Town: A fresh look at the 1317 court roll of Aberdeen, Andrew R.C. Simpson
Section Two: the early modern period, ca 1500-ca 1800
7. War and Peace: Scottish-Norwegian relations in the early modern period (ca 1520-1707), Steve Murdoch
8. Traders and Immigrants: A Norwegian perspective on Scottish-Norwegian economic relations from the fifteenth to the early seventeenth century, Per G. Norseng
9. Norm and Fact: Timber trade in early modern western Norway, Sören Koch
10. The Law and Economy of Shipwreck in Scotland during the Sixteenth Century, J.D. Ford