Scots Law in Post-Revolutionary and Nineteenth-Century America: The Neglected Jurisprudence
Little scholarly attention has been paid to the role of Scots law in the development of the post-Revolutionary law and legal system of the United States. This neglect stems largely from the fact that Scots law has had little apparent permanent influence on American law. However, during the “formative era of American law” from the Revolution to the Civil War, a notable effort to introduce America to civil law concepts took place. Furthermore, the impact of the Scottish enlightenment on the fledgling United States in higher education, philosophy, and medicine is well documented. Scottish Enlightenment thought arguably had a significant impact on the Declaration of Independence, which was signed by at least two native-born Scots and an American who was a graduate of the University of Edinburgh.