Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- ROMAN LAW
- ROMAN LAW AND SCOTS LAW
- 8 Roman and Scots Law – the Conditiones si sine Liberis Decesserit
- 9 Tge Interpretation of C 8.55.8
- 10 Cinus and Pierre de Belleperche
- 11 Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie
- 12 Servitudes. Scots Law and Roman Law
- 13 Roman Quasi-delicts and Scots Law
- 14 Risk in Sale – From Roman to Scots Law
- SCOTTISH LEGAL HISTORY
- ROMAN LAW INFLUENCE
- GENERAL INTEREST
- Table of Cases
- Table of Statutes
- Index
11 - Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie
from ROMAN LAW AND SCOTS LAW
Published online by Cambridge University Press: 05 August 2013
- Frontmatter
- Contents
- Preface
- Acknowledgements
- ROMAN LAW
- ROMAN LAW AND SCOTS LAW
- 8 Roman and Scots Law – the Conditiones si sine Liberis Decesserit
- 9 Tge Interpretation of C 8.55.8
- 10 Cinus and Pierre de Belleperche
- 11 Roman Law in a Nineteenth-century Scottish Case: Gowans v Christie
- 12 Servitudes. Scots Law and Roman Law
- 13 Roman Quasi-delicts and Scots Law
- 14 Risk in Sale – From Roman to Scots Law
- SCOTTISH LEGAL HISTORY
- ROMAN LAW INFLUENCE
- GENERAL INTEREST
- Table of Cases
- Table of Statutes
- Index
Summary
In his excellent survey of the influence of Roman law on Scots law Professor Stein states that there was in the nineteenth century a decline in the Roman influence on Scots law and observes that:
A deeper cause of the decline in Roman influence was probably the new situation created by the industrialisation of the nineteenth century. In many respects Roman law was well suited for application in the social and economic circumstances of eighteenth-century Scotland; but now there was a natural tendency when Scots law was lacking to look to English decisions for guidance. The fact that the House of Lords was the supreme court of appeal from both Scotland and England accelerated this trend, for the majority of its judges have always been trained in English rather than in Scots law.
The case selected for discussion in this article, Gowans v Christie, has been so selected because it affords some evidence to support Professor Stein's view on the relevance of industrialisation to the decline of the influence of Roman law in Scotland and also because it illustrates other aspects of the use of Roman law in Scotland and the climate of opinion in the nineteenth century in which the possibility of application of Roman law arose.
- Type
- Chapter
- Information
- Roman Law, Scots Law and Legal HistorySelected Essays, pp. 126 - 140Publisher: Edinburgh University PressPrint publication year: 2007