scholarly journals John Erskine z Carnock (1695–1768) — adwokat, profesor Uniwersytetu w Edynburgu, pisarz instytucjonalny

Prawo ◽  
2021 ◽  
Vol 332 ◽  
pp. 25-36
Author(s):  
Mateusz Szymura

John Erskine of Carnock (1695–1768) — jurist, professor at the University of Edinburgh, institutional writer The article is an attempt to describe John Erskine — a Scottish advocate, the second person to hold the chair of Scottish law at the University of Edinburgh, and an institutional writer. The author of An Institute and Principles largely abandoned the comparative approach of his predecessors in favour of a systematic interpretation of Scottish law enriched with scholarly reflection on its nature, whilst taking into proper account the current state of Scottish case law. Erskine’s works have not only provided a foundation for the education of many generations of Scottish jurists, but having found recognition in the eyes of Scottish jurisprudence, they have secured for themselves the status of a subsidiary source of law, and for their author, a great deal of respectability.  John Erskine von Carnock (1695–1768) — Rechtsanwalt, Professor an der Universität Edinburgh, institutioneller Schreiber Gegenstand des Beitrags ist der Versuch die Gestalt von John Erskine zu schildern. Er war schottischer Rechtsanwalt, zweite Person, die den Posten des Professors für schottisches Recht an der Universität Edinburgh bekleidete und zugleich ein institutioneller Schreiber. Der Verfasser von Institutionen und Grundsätzen verzichtete überwiegend auf die komparatistische Auffassung seiner Vorgänger zugunsten des systematischen Vortrages des schottischen Rechts, bereichert um wissenschaftliche Reflexion seinen Charakter betreffend, unter gleichzeitiger Berücksichtigung des aktuellen Standes der schottischen Rechtsprechung. Die Werke von Erskine stellten nicht nur ein Fundament der Edukation vieler Generationen schottischer Juristen dar, aber nachdem sie durch die schottische Jurisprudenz anerkannt wurden, sicherten sie sich auch den Status einer subsidiären Rechtsquelle, und dem Autor dieser Werke — großen Respekt.

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.


Author(s):  
Richard Calnan

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.


2002 ◽  
Vol 48 ◽  
pp. 323-329
Author(s):  
Philip Charles Ruffles

Stewart Crichton Miller, a mechanical engineer of great distinction, was the former Director of Engineering and Technology for Rolls-Royce plc, where he worked for over 40 years. Stewart was a foremost contributor to several of the company's most important development projects, chief among them being the RB211-535 engine project, which is used on Boeing 757 aircraft. Stewart was born on 2 July 1934 to William and Grace Miller in Kirkcaldy, Fife, where he spent his childhood. His primary school education at Kirkcaldy Fife High Primary School started on 4 September 1939, the day after war was declared. A contemporary, with whom he was a close friend during school years, is Archie Howie (F.R.S. 1978), a distinguished physicist and former Head of the Cavendish Laboratory, Cambridge. Professor Howie recalls that he and Stewart vied with each other for school prizes, etc., with Stewart emerging as the Dux of the primary school. On leaving primary school, Stewart attended Kirkcaldy High School from 1945 to 1951. It was there that he received the Scottish Higher Learning Certificate in 1950 and an award in the Edinburgh University Bursary Competition. He continued his education at the University of Edinburgh from 1951 to 1954, enrolling as an engineering degree candidate. His choice of engineering as a career was considered unusual by others for someone of his high academic abilities. However, this doubt only increased his determination. His research emphasis while studying was on mechanical vibration, which served as useful background for his later work at Rolls-Royce on turbo-machinery. He graduated in 1954 from Edinburgh with a BSc (firstclass honours) in mechanical engineering. After leaving university, Stewart spent two years completing a graduate apprenticeship with Rolls-Royce that marked the beginning of his extensive career. Spending his first year gaining workshop experience and his second in all the major technical offices, Stewart subsequently qualified to receive the status of Chartered Engineer.


2001 ◽  
Vol 5 (3) ◽  
pp. 297-324 ◽  
Author(s):  
K D Ewing

This article is a revised and updated text of the W A Wilson Memorial Lecture delivered at the University of Edinburgh on 2 May 2000. It considers some of the issues posed by the extensive constitutional changes which have occurred since the general election in 1997. In particular, arguments are made in favour of elevating social rights to the status of constitutional rights. These arguments are set against the reluctance of successive governments to embrace international human rights instruments, and to meet commitments to which they have subscribed. The article then focuses upon the legal methods by which the elevated constitutional status of social rights can be secured, first a domestic initiative based on the Human Rights Act 1998, and second an initiative of the EUfor a comprehensive European Bill of Rights.


2020 ◽  
Vol 47 (1) ◽  
pp. 63-75
Author(s):  
P. G. Moore

John Robertson Henderson was born in Scotland and educated at the University of Edinburgh, where he qualified as a doctor. His interest in marine natural history was fostered at the Scottish Marine Station for Scientific Research at Granton (near Edinburgh) where his focus on anomuran crustaceans emerged, to the extent that he was eventually invited to compile the anomuran volume of the Challenger expedition reports. He left Scotland for India in autumn 1885 to take up the Chair of Zoology at Madras Christian College, shortly after its establishment. He continued working on crustacean taxonomy, producing substantial contributions to the field; returning to Scotland in retirement in 1919. The apparent absence of communication with Alfred William Alcock, a surgeon-naturalist with overlapping interests in India, is highlighted but not resolved.


2002 ◽  
Vol 29 (3) ◽  
pp. 287-301 ◽  
Author(s):  
G. N. SWINNEY

ABSTRACT: The university career of the polar scientist William Speirs Bruce (1867–is examined in relation to new information, discovered amongst the Bruce papers in the University of Edinburgh, which elucidates the role played by Patrick Geddes in shaping Bruce's future career. Previous accounts of Bruce's university years, based mainly on the biography by Rudmose Brown (1923), are shown to be in error in several details.


Author(s):  
Craig Smith

Adam Ferguson was a Professor of Moral Philosophy at the University of Edinburgh and a leading member of the Scottish Enlightenment. A friend of David Hume and Adam Smith, Ferguson was among the leading exponents of the Scottish Enlightenment’s attempts to develop a science of man and was among the first in the English speaking world to make use of the terms civilization, civil society, and political science. This book challenges many of the prevailing assumptions about Ferguson’s thinking. It explores how Ferguson sought to create a methodology for moral science that combined empirically based social theory with normative moralising with a view to supporting the virtuous education of the British elite. The Ferguson that emerges is far from the stereotyped image of a nostalgic republican sceptical about modernity, and instead is one much closer to the mainstream Scottish Enlightenment’s defence of eighteenth century British commercial society.


1997 ◽  
Vol 1 (2) ◽  
pp. 200-226 ◽  
Author(s):  
Hector L MacQueen

This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law prepared by the Lando Commission, and the draft “code”for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably wellfrom this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles.


1994 ◽  
Vol 6 (1) ◽  
pp. 52-58 ◽  
Author(s):  
Charles Anderson ◽  
Robert J. Morris

A case study ofa third year course in the Department of Economic and Social History in the University of Edinburgh isusedto considerandhighlightaspects of good practice in the teaching of computer-assisted historical data analysis.


2012 ◽  
Vol 41 (3) ◽  
pp. 16-21
Author(s):  
Tony Burke

Scholars interested in the Christian Apocrypha (CA) typically appeal to CA collections when in need of primary sources. But many of these collections limit themselves to material believed to have been written within the first to fourth centuries CE. As a result a large amount of non-canonical Christian texts important for the study of ancient and medieval Christianity have been neglected. The More Christian Apocrypha Project will address this neglect by providing a collection of new editions (some for the first time) of these texts for English readers. The project is inspired by the More Old Testament Pseudepigrapha Project headed by Richard Bauckham and Jim Davila from the University of Edinburgh. Like the MOTP, the MCAP is envisioned as a supplement to an earlier collection of texts—in this case J. K. Elliott’s The Apocryphal New Testament (Oxford 1991), the most recent English-language CA collection (but now almost two decades old). The texts to be included are either absent in Elliott or require significant revision. Many of the texts have scarcely been examined in over a century and are in dire need of new examination. One of the goals of the project is to spotlight the abilities and achievements of English (i.e., British and North American) scholars of the CA, so that English readers have access to material that has achieved some exposure in French, German, and Italian collections.


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