Hector L. MacQueen – författare

Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.

Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.

First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.

This is an issue of our quarterly journal Hume Papers on Public Policy - the journal of the David Hume Institute.

This is an issue of our quarterly journal Hume Papers on Public Policy - the journal of the David Hume Institute.

This book brings together the major writings of David Sellar (1941–2019) on the genealogies (pedigrees) claimed by some of the major clans of medieval Highland and Island Scotland, especially the descendants of their twelfth-century king Somerled.The claimed pedigrees in the medieval Gaelic 1467 manuscript and the Irish genealogies are critically analysed in relation to each other, and their historical authenticity tested against other evidence, including the Gaelic or Norse quality of their recorded names. Contemporary literary material is considered alongside later recorded traditions descending from the seanchaidh, whose work was to hand down to posterity the valorous actions, conquests, battles, skirmishes, marriages and relations of the chiefly ancestors by relating and singing them at births, baptisms, marriages, inaugurations, feasts and funerals. The family pedigrees offer crucial insights into the nature of medieval society, supporting and sometimes explaining a family’s socio-political position. As an exercise in propaganda, a pedigree was susceptible to fabrication and not to be trusted uncritically.David Sellar’s meticulous analysis reveals the social and political realities of medieval Celtic Scotland, making use of heraldic evidence as well as his legal expertise, in a fluent and reader-friendly style.

First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.

First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.

First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.

Scottish legal nationalism (sometimes defined as the belief that Scots law is an exceptional system, the integrity of which must be safeguarded against harmful external influences) has been a source of controversy in modern Scots law. This book is a major contribution to a long-running debate and aims at an understanding of the phenomenon more nuanced than its most recent and negative assessments as reactionary, backward-looking and elitist. Rather, legal nationalism in various forms has contributed significantly to the reform and modernisation of the Scots law and legal system since the Anglo-Scottish Union of 1707.The book contributes to wider academic debates about legal nationalism as a phenomenon in legal systems generally, reflecting especially on the question whether private law is inherently either national or, rather, apolitical, and the roles played by legal history and comparative law. It contributes to debates about Scottish nationalism generally, drawing attention to the place of legal nationalism within that topic despite its attracting only limited attention hitherto from non-lawyers. In particular, the idea of nationalism being a product of the rise of nation-states only from the late seventeenth century on is rejected.Legal Nationalisms in Scotland is of interest to academics, lawyers and students working on Scots law, whether from the perspective of current law, comparative law or legal history, as well as those working across Scottish history and politics.

This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.

An influential and key modern text in Scottish legal historyExploring the relationship between law and society, this classic edition of Common Law and Feudal Society brings a key legal history text back to life in a popular new series, affordable for the student of early Scottish legal history.The close links between the Scots and English law in the Middle Ages have long been recognised, but this classic text assesses the relevance of traditional approaches to Scottish legal history, setting the development of medieval law within the context of a society in which private lordship, exercised through courts and other less formal methods of dispute settlement, played a key role alongside royal justice.Based on extensive research, this book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session.

This collection brings together in one volume the principal essays of David Sellar (1941-2019) on Scottish legal history, focused upon the influence of Celtic, Canon, English and customary law in the development of Scots law. It includes a paper written during Sellar's time as Lord Lyon King of Arms (2008-2014) but left unpublished at his death, along with a general introduction by Hector L. MacQueen.Sellar was a pioneering historian of Scots law who rejected previous interpretations of the subject as a series of false starts and rejected experiments. He emphasised instead the continuity of legal development, with change a process of integration of external influences from very early times on. Sellar's approach, articulated mainly through essays published in diverse places over four decades, has had significant influence upon our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering the major essays in a single collection, this book demonstrates the scope and reach of Sellar's overall contribution. It provides an opportunity to view Sellar's work as a whole and to access his distinctive perspective on the overall trajectory of Scottish law.

Brings together 15 principal essays by David Sellar (1941 2019), reflecting his pioneering contribution to Scottish legal history Groups essays into topics, covering Celtic law and institutions, the influence of Canon and English law across a wide range of legal subjects (including family law, succession, criminal law, evidence) and customary law Includes a paper written during Sellar's time as Lord Lyon King of Arms (2008 14) but left unpublished at his death, dealing with the history of the office of Lyon itself and arguing for its ancient Celtic origins Demonstrates the continuity of legal institutions in Scotland from the early middle ages on, assesses influences shaping change over time, and the processes of integration and then re-integration down to the presentIncludes a general introduction by Hector L. MacQueen assessing and contextualising Sellar's contribution to the field David Sellar was a pioneering historian of Scots law who rejected previous interpretations of the subject as a series of false starts and rejected experiments. He emphasised instead the continuity of legal development, with change a process of integration of external influences from very early times on. Sellar's approach, articulated mainly through essays published in diverse places over four decades, significantly influenced our general understanding of legal history in Scotland as well as leading to appreciation elsewhere of its comparative significance. By gathering Sellar's major essays in a single collection, this book demonstrates the scope and reach of Sellar's overall contribution. It provides an opportunity to view Sellar's work as a whole and to access his distinctive perspective on the overall trajectory of Scottish law.

MacQueen and Thomson on Contract Law in Scotland provides a comprehensive introduction to the principles of the Scots law of contract.The Sixth Edition has been fully revised to include:- Updated content covering assignation in light of Part 1 of the Moveable Transactions (Scotland) Act 2023- The impact of the Covid pandemic on contract law in Scotland- Updated content on illegality, with recent examples of contracts illegal by statute or at common law- Discussion of relational contracts and good faithThis practical text:- Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts- Includes examples of typical contract clauses and treats remedies in detail- Is set in a comparative context and discusses the problems of cross-border and international contracts- Explains the underlying principles of contract lawWritten in a clear, well-structured style, with diagrams to illustrate complex situations, it is the leading introductory text to contract law in Scotland for students and legal practitioners.This title is included in Bloomsbury Professional's Scottish Law Service.

MacQueen and Thomson on Contract Law in Scotland provides a comprehensive introduction to the principles of the Scots law of contract.The Sixth Edition has been fully revised to include:- Updated content covering assignation in light of Part 1 of the Moveable Transactions (Scotland) Act 2023- The impact of the Covid pandemic on contract law in Scotland- Updated content on illegality, with recent examples of contracts illegal by statute or at common law- Discussion of relational contracts and good faithThis practical text:- Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts- Includes examples of typical contract clauses and treats remedies in detail- Is set in a comparative context and discusses the problems of cross-border and international contracts- Explains the underlying principles of contract lawWritten in a clear, well-structured style, with diagrams to illustrate complex situations, it is the leading introductory text to contract law in Scotland for students and legal practitioners.This title is included in Bloomsbury Professional''s Scottish Law Service.