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Enlightenment, Legal Education, and Critique

Selected Essays on the History of Scots Law, Volume 2. Edinburgh Studies in Law

By (author) John W. Cairns
Format: Hardback
Publisher: Edinburgh University Press, Edinburgh, United Kingdom
Published: 30th Jul 2015
Dimensions: w 162mm h 240mm d 44mm
Weight: 897g
ISBN-10: 0748682139
ISBN-13: 9780748682133
Barcode No: 9780748682133
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Synopsis
The second volume in a collection of the most influential essays on legal history from the career of John W Cairns. Enlightenment, Legal Education and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law. Both volumes collect together and reprint a selection of some of the many articles and essays published by Professor John W Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. First volumes to collect in one place the legal thinking of John W Cairns; Volumes 11 and 12 of the respected Edinburgh Studies in Law series and key essays on Scots law, Roman law and the Enlightenment.

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Oct 13th 2015, 11:24
Insightful
Awesome - 10 out of 10
SCOTS LAW AND THE 18TH CENTURY SCOTTISH ENLIGHTENMENT – AN INSIGHTFUL EXAMINATION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Having recently reviewed Volume I of this two-volume work, a similar introductory comment could be made; to wit, that English lawyers should certainly read this, as Scots lawyers no doubt already have. Readers may note first of all, that the links and similarities between the common law and Scots law are as interesting as the differences -- and there are differences aplenty, as revealed in these two fascinating volumes.

Published recently as part of the ‘Edinburgh Studies in Law’ series from the Edinburgh University Press, both volumes present a collection of essays and articles by Professor John W. Cairns who holds the Chair of Civil Law at the University of Edinburgh. Written in the course of his illustrious and varied career in legal history, many of these articles have been published outside the UK and reputedly oft quoted.

Tying these numerous articles together, the introduction to this volume explains that the selected essays ‘all deal in some way or another with law and its institutions in eighteenth century Scotland, referring of course, to the remarkable outpouring of intellectual endeavour known as the Scottish Enlightenment’.

But you needn’t be a lawyer or law student to appreciate the significance of this period in Scottish, or actually, European and world history. ‘The influence of the Enlightenment on Scotland and the impact of the Scottish natural and social or moral sciences on the European and transatlantic Enlightenment,’ says Cairns, ‘are both incontestable.’

Take for instance, just one of the many examples cited in this book, namely that of Adam Smith. Elected Professor of Logic at University of Glasgow in January 1751, his ‘Lectures on Jurisprudence’, in the opinion of Cairns, showed how law could be taught as a dynamic historical process. His moral philosophy course included the study of justice and political regulation founded on expediency, which was subsequently published as, yes -- ‘The Wealth of Nations.’

Further information if you are interested (and by now we should hope you are) is to be had in the book’s first section on Enlightened Legal Education, followed by the next two sections on the development of the Glasgow Law School and a subsequent section on Crime, Courts and Slavery. The final section offers intriguing references to literature and legal history with the focus on Sir Walter Scott.

As you may rightly infer, this book fairly bristles with informed and insightful commentary based on the copious and careful research indicated by the extensive footnoting throughout. For everyone from comparative lawyers to legal historians, and readers in general, this book, together with its companion volume, is quite a find and certainly an important acquisition for the legal scholar’s professional library.