Comparative And Historical Essays In Scots Law Thesis Papers On The Catcher In The Rye

While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Smith was one of the key figures in the rediscovery of the distinctiveness of Scots law as a mixed legal system, and he devoted much of his writing to uncovering its Civilian elements.

Typically it is found in the context of neighbourhood law: if, for example, one discovers that a neighbour's house is served by a pipe leading under one's own garden, one is not entitled to cut off the supply, even in the absence of a servitude right (easement), when there is no legitimate reason for doing so.This is of the very nature of a doctrine addressing abuse of rights.Indeed Bell's assessment approximates to the observations which the English comparatist Gutteridge was to make of abuse of rights in the Civil Law a decade or two later: It is considered to be undesirable to specify [the rules] with precision for fear lest they should come to be recognised as embodying a principle of general application.We use cookies to make interactions with our website easy and meaningful, to better understand the use of our services, and to tailor advertising.For further information, including about cookie settings, please read our Cookie Policy .contexts - as developed later in many Civil Law systems - there is plentiful evidence, as noted below, that malice was considered relevant in the context of neighbour law.Bankton also mentions malice as a determining factor in the context of whether one could be permitted to set up a fair or market close to that of another.is given passing consideration only and malice is not in issue: for example, a neighbour objects to a particular type of land use, and the defender responds to the effect that an owner may do what he likes with his property except where he acts .Such cases confirm that the existence of the doctrine was uncontentious, but they do little to assist the understanding of its scope.To learn more or modify/prevent the use of cookies, see our Cookie Policy and Privacy Policy.Readers are reminded that this work is protected by copyright. we in Scotland have gone a-whoring after some very strange gods.' This colourful assertion was made by one of Scotland's most distinguished twentieth-century jurists and comparative lawyers, Sir Thomas Smith, in his inaugural lecture at the University of Edinburgh in 1958.

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