Law (Department)
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Item The Succession Rights of the Unborn Child(Edinburgh University Press, 2006) Paisley, RoderickThis article provides a comprehensive review of the succession rights of unborn children in Scotland, with comparisons to other civilian jurisdictions.Item Real Rights: Practical Problems and Dogmatic Rigidity(Edinburgh University Press, 2005) Paisley, RoderickScots law has a numerus clausus of real rights in relation to land. The structure fosters clarity and precision and gives the Scottish system of landholding great stability and predictability. Yet it may be that these strengths have been bought at the expense of inflexibility and injustice to individuals wishing to own land and enjoy rights in land. This article seeks to show that the Scottish system of real rights is much more flexible and responsive to changes in societal and commercial needs than is often appreciated, and that Scottish land law is not a slave to dogmatic rigidity.Item Irregularly Obtained Real Evidence: The Scottish Solution?(Vathek Publishing, 2004) Duff, PeterIn determining whether to admit improperly obtained real evidence, the Scottish courts have engaged in a balancing act for over 50 years, weighing the public interest in the conviction of the guilty against the rights of the accused and the civil liberties of the citizenry. The Appeal Court's approach to this issue has not been particularly satisfactory and the result is an incoherent mass of detailed and often almost irreconcilable case law, rather than a principled framework to guide the trial courts in the exercise of this power.Item Roman Law in Britain(Berlin: Duncker & Humblot, 2000) Evans-Jones, RobinThe paper discusses, first, how classical Roman law can become highly suffused through exposure to a more unusual influence: English law; second, how it has nevertheless proved, on occasion, to be inspirational for English law; and third, why the fact of that influence has sometimes had to be suppressed. The bridge between Roman law and English law is provided by Scotland.Item Kenning be Kenning and Course be Course: Maritime Jurimetrics in Scotland and Northern Europe 1400–1600(Edinburgh University Press, 1998) Forte, AngeloThis article explores the jurimetric significance of a phrase or formula, "kenning be kenning and course be course", used in maritime law texts and disputes in late medieval and early modern Scotland and England.