A History of Private Law in Scotland

Book Review by Shael Herman

In 1603, James Stewart's succession to the English throne united in his person the Scottish and English crowns. In recognition of James's newly acquired station, he promptly adopted the style “King of Great Britain.” Though titles can signify much, especially for royalty, James's new title could not automatically unite the two kingdoms over which he then reigned. Effective convergence of Scotland and England presupposed solutions to enduring issues associated with politics, law, religion, and economy. For legal actors on both sides of the border, differences between English and Scots law, couched in terms of civil law versus common law, seem to have been so sharp as to be irreconcilable. By 1608, according to Professor John Cairns, King James's “full project for a more perfect union was essentially dead.”


About the Author

Shael Herman. John Minor Wisdom Professor of Civil Law, Tulane University School of Law.

Citation

78 Tul. L. Rev. 1755 (2004)