Course Catalogue

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Scots law has one of the most continuous stories of legal development in the world, reflecting the broad influences of the European legal tradition at every point. The honours course in Scottish Legal History explains what influenced historical legal development in Scotland, focusing on the historical evolution from the 12th to the 18th century of the institutions constituting the Scottish legal system. Questions touched upon will normally include the way its medieval foundations decisively shaped Scots law into a common law system, the role played by Roman and canon law in connecting Scotland to the European legal tradition, how Scotland's law courts were formed as part of late medieval state formation and became unified by the supreme jurisdiction of the Court of Session, how early modern jurists came to conceptualise the sources and authority of Scots law, and how legal institutions such as Parliament and the law courts developed authority to make and apply a national law for the entire kingdom before and after the Union of 1707. In any year, special topics which may also be covered include the history of criminal justice and the criminal law, contract, restitution and fraud, and the law of marriage and divorce.

10x2 hours seminars.

This course is principally available to LLB students (Scots Law or Common Law).

Required: Admission to Honours in the LLB.

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One essay of 2,000 words worth 25% (also formative), one final examination worth 75% of the overall grade; students to answer 2 questions from 4 in 2 hours.

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

The aims of the course are:

• The main aim of the course is to provide students with a thorough understanding of the historical development in Scotland of medieval and early modern law and legal institutions to the eighteenth century, while also giving an insight into the sources and methods of legal historical research. This aim will be achieved by addressing the major influences which directed the development of law in Scotland, and by considering in detail particular legal institutions and areas of law.

• to enable students to engage with academic discourse and discussion

• to develop students' skills in using primary materials, including some primary historical sources, to argue rationally and to write effectively.

By the end of course students will be able to demonstrate:

• be able to describe the historical context from which modern Scots law has developed with particular reference to the historical forces at work in the development of law.

• explain the development of law and legal institutions in Scotland in the medieval and early modern period.

• demonstrate an appreciation of the significance of historical sources of law by producing sustained arguments on a variety of textual sources associated with the creation of a Scottish medieval common law, the application of distinctive sources of Scots law by Scottish courts in the early modern period, and the law of the Church as applied in Scotland.

•construct a cogent and coherent written argument using historical and contemporary sources.

  Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.