Law and Legal Consciousness in Medieval Scotland

"This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England's common law. The laity's legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period"-- Provided by the publisher Cover Copyright Contents Preface Acknowledgements Diagrams and Tables Abbreviations Chapter 1 Introduction Part 1 Introduction to Part 1 Chapter 2 The Origins of the Scottish Common Law Chapter 3 The Common Law in the Later Thirteenth Century Chapter 4 Laws and Courts in the Burghs Chapter 5 Wrang and Unlaw Chapter 6 Pleadable Brieves and Pleading Part 2 Introduction to Part 2 Chapter 7 Linguistic Communities in Medieval Scots Law Chapter 8 The Laws of Galloway Chapter 9 The Kin of Kennedy, Kenkynnol and the Common Law Part 3 Introduction to Part 3 Chapter 10 Scottish Feudalism, Tenure, and the Ius Commune Chapter 11 Girth: Society and the Law of Sanctuary in Scotland Chapter 12 Magna Carta, Scotland and Scots Law Part 4 Introduction to Part 4 Chapter 13 Tame Magnates? The Justiciars of Later Medieval Scotland Chapter 14 The King’s Council and Church Courts in Later Medieval Scotland Chapter 15 The Foundation of Law Teaching at the University of Aberdeen Chapter 16 Glanvill Resarcinate: Sir John Skene and Regiam Majestatem Chapter 17 Conclusion Bibliography Index