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Can someone help out with what the difference (Read 9209 times)
jacqui
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Can someone help out with what the difference
Oct 29th, 2003 at 5:59pm
 
Can someone give me a general difference between Scots and English Law?
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Re: Can someone help out with what the difference
Reply #1 - Oct 30th, 2003 at 7:23pm
 
If you can put this query into the context in which it arises I can maybe give a better answer.  There are a lot of differences but the bigger areas that differ are Criminal, Property, Trusts and others too.
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Re: Can someone help out with what the difference
Reply #2 - Nov 1st, 2003 at 5:06am
 
Thanks for your reply.  I know it was a broad question but I suppose I should have said it was the origin of the difference between Scottish and English Law.  I have managed to get the answer from a solicitor, but thanks any way.

Jacqui
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Re: Can someone help out with what the difference
Reply #3 - Nov 4th, 2003 at 12:01am
 
The origin of the difference is that under the Act of Union in 1707, three aspects of Scotland's culture and heritage were to remain separate from influence from Westminster. 

These were the Church, the education system and the legal system.

Anyone know of any other info?
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Re: Can someone help out with what the difference
Reply #4 - Nov 5th, 2003 at 4:34am
 
I was told it actually started in the 15th Century ( the person who told me could be wrong but I would like to think he knows his stuff!!)  When Scotland and England were engaging in their battles (nothings changed much there then!) the Scottish students didn't go to University in England (which was based on Anglo Saxon Law) some of the Scottish students went to Belgium and Holland and learned law from what was then based on the Roman Laws.  I'm sure there are so many differences and similarities between them just needed to know why we don't share the same laws, I suppose that's just one theory though.
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Re: Can someone help out with what the difference
Reply #5 - Nov 5th, 2003 at 5:28pm
 
I think that's right too.
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Re: Can someone help out with what the difference
Reply #6 - Nov 29th, 2003 at 4:10pm
 
The Institutional writers would be turning in their respective graves. The difference from our legal systems is deep, further than the Act of Union from the influence of Rome (Corpus Juris civils) to Scotlands connections with the Catholic church to the Reformation - our history makes us. The reason why an undergarduate of old would not study in England or indeed English law is due to the inferiority of the English education system. Why, one needs only to ompare an english three year degree with the average on the continent of five. The Scots had ancient universities and a largely literate and egalitarian education system as London burned in the Great Fire. Our degrees are invariably longer due to our continental conection. Scotland and England are two completely different countries joined at 1707. Our influence in Scotland is one of Roman Law of passing cases, decisions down. Indeed Scotland is unique as having a Third system of Law rather than either The Civil system or The Anglo-American System. Ought not the question to be Why does England not have the same legal system as Scotland?
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« Last Edit: Aug 28th, 2004 at 1:38pm by johnmcg »  
 
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