Comparative Common Law 2 - Scottish Law

This module of 12 hours will give an insight into the present situation of the Scots law tradition compared to that of England. It will contextualise the evolution of these common law traditions as they simultaneously face fragmentation (towards devolved, local laws) and uniformisation (towards global laws). How can we best characterise a small jurisdiction such as Scots law in that perspective ? Is it distinctive, and if so how and according to what specific influences? Or does it merely reflect and embody broader changes and social forces in Europe or globally?

These seminars use a comparison of the Scots and English traditions to reflect on these comparative questions, questions that are of more general jurisprudential interest and concern. They do so through a number of key case studies drawn from public and private law, and through institutional differences studied in the context of a fragmented unitary state.