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The Development of Commercial Law in Scotland, Volume 1: Concepts and Themes

Edited by: Jonathan Hardman, Alisdair D.J. MacPherson, Adelyn L.M. Wilson

ISBN13: 9781399514910
To be Published: January 2026
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



A comprehensive examination of the development of commercial law in Scotland.

  • An edited collection exploring the development of commercial law in Scotland
  • Novel analysis of factors, individuals and groups that have contributed to Scots commercial law
  • Identifies key issues and concepts that underpin modern Scots commercial law and practice
  • Contributors are leading experts in the field, including academic lawyers, historians and senior judges

This edited collection is the first volume of a series that examines the development of commercial law in Scotland. This volume focuses on the meta-themes in the shaping of commercial law, from understanding commercial law as a whole, to the influence of different factors on its development. It provides novel analysis and conceptualisation of the factors which influenced the development of Scots commercial law, the contribution of key individuals and groups to that development and the relevance of that development to modern Scots commercial law and practice.

The book contains chapters written by recognised experts, including academic lawyers, historians and senior judges. This volume will therefore be essential reading for practitioners, academics and student readers.

Subjects:
Scots Law
Contents:
Foreword
Patrick S. Hodge, Lord Hodge, Deputy President of the Supreme Court of the United Kingdom
List of Contributors
Introduction
Jonathan Hardman, Alisdair D J MacPherson and Adelyn L M Wilson
1. Conceptions of Commercial Law in Scotland
Jonathan Hardman and Alisdair D J MacPherson
2. Commerce and Contract Law in Scotland
Hector L MacQueen
3. Public and Private Commercial Law Distinguished: The Impact of the 1707 Union on the Commercial Law of Scotland
Robert Brett Taylor
4. Before Bell: Scots Law, Commerce, and the British Empire in the Long Eighteenth Century
Andrew Mackillop
5. The Contribution of Commerce and Industry to Scots Commercial Law in the Eighteenth Century
Hunter Harris
6. The Use of the Civil law and the Law Merchant as Sources in the Works of George Joseph Bell
Laura Macgregor
7. “Elasticity” in the Legal Curriculum: The Introduction of the Class of Mercantile Law in the University of Edinburgh
John W Cairns
8. The Contribution of Practitioners to Scots Commercial Law
John Finlay
9. The Contribution of Law Reform to the Development of Scots Commercial Law
Colin Tyre, the Rt Hon Lord Tyre
10. The Contribution of the Judiciary to Scots Commercial Law
Sarah P L Wolffe, the Hon Lady Wolffe
11. Historical Approaches in Modern Commercial Law
Angus Glennie, the Rt Hon Lord Glennie
12. The Value of History to Modern Commercial Law
James Drummond Young, the Rt Hon Lord Drummond Young
Epilogue
Jonathan Hardman, Alisdair D J MacPherson and Adelyn L M Wilson
Index