苏格兰法律的由来与发展
世界上有两种 Legal System ， 一种是 Continental 或者称作 Civilian ， 这个 System 是基于 Roman Law ，普及在欧洲国家。 此外一种 System 是 Anglo- American System，这个 System 基于英国的 Common Law资生丸的功效与作用，这种法律 System 的 运作框架正和这个 Legal System 的名字一样；普及在英格兰，美国以及以前的 大英帝国殖民地，例如加拿大和澳洲。
苏格兰的 Legal System 是基于上述两种 Legal System 的一个 混合 Legal
System。
It is said to have more empathy with the civilian systems of law in many respects.最新铃声 However, there is no doubt that the strongest influence for veral centuries has been the law of England. Nevertheless, the Scots system retains significant elements of difference which have been protected by the Act of Union 1707 and jealously guarded by the courts since that time.
从 1603 年到 大龙虾多少钱一斤1707 年，苏格兰和英格兰有着自己分明的两个不同的最高统治
者，共同分享最高统治阶级的权利。两个国家都拥有他们自己的国会，幷且， 各个独立的国会也撰有不同的法律。 在 1707 年，英格兰和苏格兰国会允许在 签订条约下合二为一；苏格兰国会与英格兰国会相互承认交换生效法律文书， 旧有的两个国会被废除，新成立的国会落座在 英格兰 伦敦 成为 Great Britain 的地毯海葵 一个全新的国会。 Although this meant that there was now only one Law-making body between the two countries, it did not mean that Scots Law was abolished, since the Treaty, and then the Acts of Union, prerved the status of Scots Law and the Legal System.
太阳雨So, what was the important about this Legal System that was prerved by the Treaty? As noted above, it was a mixed system of law, derived from various historical influences. One of the main influences was of cau that of English Law, particularly before 1296, when Norman noblemen and clergy ttled in Lowland Scotland bringing their feudal system of land tenure and justice.
Another great influence at this time was the Church of Rome and its canon law. It is thou
ght that canon law introduced elements of established. The idea of the king as ' fountain of门可罗什么 justice ' helped to establish a more uniform system of law; cas were commenced by the issue of a writ or ' brieve ' in the king's name. This brieve would require an official to carry out an action or investigation.
从 1296 至 1603 ， 苏格兰 与 英格兰 不断的爆发战争，苏格兰与法国结为盟 国， thus encouraging influence from the Continent. Regular meetings of Parliament were held with the burgess from the burghs participating in the Parliament; the levying of taxation was made with their agreement. At first, however, the Parliament's main role was a court of first instance and for appeals. It was not until the reign of James I (1406-37) that Parliament became primarily a legislature.
在 15 世纪 和 16 世纪， 相当数量的法令的条令生效，影响了接下来的之后的数
个世纪。
From the Union of the Crown in 1603 up until 1800, there was a great interest in Roman law and many young Scotsmen studies in France and Holland, bringing back with them the principles of Roman law and using them when they became practitioners and judges in Scotland. Roman law became a major factor in forming Scots law-particularly in the law of obligations and moveable property. In 1617, the general Register大师素描作品 of Sasines was t up to record transactions relating to land, helping to ensure that buyer of land in Scotland receive cure title to that land.
From 1655, there was much movement in the legal system with the publication of 'institutional writings'. The became important sources of law.
The High Court of Justiciary was established in 1672, consisting of five judges from the Court of Session and the Justice-General and Justice-Clerk. The judges were known as Commissioners of Justiciary (Now Lords Commissioners of Justiciary) and they dealt with criminal cas in Edinburgh.
The Union of the Parliaments of Scotland and England on May 1, 1707 dissolved the two
Parliaments and created a new Parliament of Great Britain. Article XIX of the Union Treaty specified that the Scots Law and the Scottish Courts should continue. Although the Treaty stated that no caus in Scotland should be heard in the Courts of Chancery, Queen's Bench, Common Pleas, ' or any other court in Westminster Hall', this was held not to include the Hou of Lords and the practice of nding civil appeals to the Hou of Lords began within a short time of the Union coming into 口腔微生物effects (Greenshields v Magistrates of Edinburgh 1710-1711 rob. 12.).
From 1800, the Napoleonic Wars prevented the travel of Scots students to the Continent and accordingly, English law now became the major influence on Scots law. Two Factors contributed to this
