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Principles of Scottish Private Law.

Principles of Scottish Private Law. Book Reviews CIVIL LAW PRINCIPLES OF SCOTTISH PRIVATE LAW. By David M. Walker. London: Oxford University Press. 2 vols., pp. ccxlv and 1979. Reviewed by Joseph Dainow* In a number of places, scattered around the world, the combina­ tion of legal sources and influences has produced what is sometimes called the "mixed jurisdictions." In each case this resulted from suc­ cessive political dominations during each of which there were applied, more or less, the different respective legal systems without the obliter­ ation of the preceding ones. The private law of a people generally persists in large measure despite changes in political sovereignty. Sometimes, a civil law system is overlaid by the common law, as in Quebec and Louisiana, or South Africa and Puerto Rico. Sometimes, personal religious law is combined with a secular system, as in Israel where the individual sectarian laws combine with old Turkish Otto­ man law as well as the English common law and continental civil law influences. Scotland is also often described as a "mixed jurisdiction" but it is an over-simplification to say that it is merely a combination of civil law and common law. In the Scottish universities' program of legal education, the Department http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Principles of Scottish Private Law.

Dainow, Joseph
American Journal of Comparative Law , Volume 23 (2) – Apr 1, 1975
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Publisher
Oxford University Press
Copyright
© 1975 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839111
Publisher site
See Article on Publisher Site

Abstract

Book Reviews CIVIL LAW PRINCIPLES OF SCOTTISH PRIVATE LAW. By David M. Walker. London: Oxford University Press. 2 vols., pp. ccxlv and 1979. Reviewed by Joseph Dainow* In a number of places, scattered around the world, the combina­ tion of legal sources and influences has produced what is sometimes called the "mixed jurisdictions." In each case this resulted from suc­ cessive political dominations during each of which there were applied, more or less, the different respective legal systems without the obliter­ ation of the preceding ones. The private law of a people generally persists in large measure despite changes in political sovereignty. Sometimes, a civil law system is overlaid by the common law, as in Quebec and Louisiana, or South Africa and Puerto Rico. Sometimes, personal religious law is combined with a secular system, as in Israel where the individual sectarian laws combine with old Turkish Otto­ man law as well as the English common law and continental civil law influences. Scotland is also often described as a "mixed jurisdiction" but it is an over-simplification to say that it is merely a combination of civil law and common law. In the Scottish universities' program of legal education, the Department

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 1975

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