Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I

1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Joint Meeting ◽  
Academic Education

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.

Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560—1611 Part II

1998 ◽  
Vol 2 (3) ◽  
pp. 255-287 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Legal Culture ◽  
Academic Education

This is the second part of an article addressing the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. The first part appeared in the May issue of the Edinburgh Law Review.

Legal Education and Legal Culture in Gaul during the Principate

2020 ◽  
pp. 462-485
Author(s):  
Matthijs Wibier
Keyword(s):  
Daily Life ◽  
Legal Education ◽  
Cultural Models ◽  
Legal Culture ◽  
Point Of View ◽  
Roman Law ◽  
The West ◽  
Roman Literature ◽  
Latin Language ◽  
Cultural Sphere

From a conceptual point of view, it has often been pointed out that education is a key way in which cultural models, expectations, and standards are disseminated. The pervasiveness and success of the Greek model known as enkyklios paideia have been amply charted for the Hellenistic and Imperial Periods. Similar developments have been traced in the context of Roman education and Latin literacy in the provinces, not least the West. However, these studies have focused primarily on—to use a contested term—acculturation in certain aspects of daily life as well as in terms of education in the Latin language and in Roman literature, while law has been largely left out. Part of the reason for this is no doubt the lack of much very direct evidence. Yet the evidence there is, in particular the paraphrase of Gaius’ Institutes known as the Fragmenta Augustodunensia (FA), has in fact been unduly marginalized. Accordingly, this chapter shows that, focusing on Autun and its cultural sphere, it is possible to piece together a picture of how students in Imperial Gaul were trained in the basics of Roman law.

Enlightenment, Legal Education, and Critique

2015 ◽  
Author(s):  
John W. Cairns
Keyword(s):  
Legal History ◽  
Legal Education ◽  
Roman Law ◽  
The Enlightenment ◽  
Distinguished Career ◽  
The Many ◽  
The Uk ◽  
Selection Of

This is the second volume in a collection of the most influential essays on legal history from the career of Professor John W. Cairns. The book 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 combine together and reprint a selection of some of the many articles and essays published by Cairns over a distinguished career in legal history. It is a mark of Cairn's 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.

scholarly journals Fejezetek Erdély huszadik századi jogtörténetéből

2021 ◽  
Vol 3 (3) ◽  
pp. 101-124
Author(s):  
Előd Pál
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Round Table ◽  
Round Table Discussion ◽  
Constitutional History ◽  
Social Situations ◽  
The Past ◽  
History Of

On 20 November 2018, the Hungarian Museum Association of Transylvania and Sapientia Hungarian University of Transylvania organized a round table discussion on the legal history of Transylvania. The event took place as part of a series of events on the Hungarian Science Day in Transylvania, at the Sapientia building on Calea Turzii Cluj-Napoca. The participants were Dr Gyula Fábián (minority law), Dr Zsolt Fegyveresi (constitutional history), Dr László Nánási (history of criminal law), Dr Zsolt Kokoly (history of legal education), Dr János Székely (history of civil procedure law), and Dr Emőd Veress (history of civil law). The event was moderated by Előd Pál. The participants presented their research studies related to the legal history of Transylvania and explored the legal and social situations of the past hundred years.

scholarly journals Tożsamość kultury prawnej a legitymizacja prawa

2018 ◽  
Vol 2 (2) ◽  
pp. 76-92
Author(s):  
Tomasz Bekrycht
Keyword(s):  
External Validity ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Greek Philosophy ◽  
Academic Teaching ◽  
Positive Law ◽  
Mediterranean Culture ◽  
History Of ◽  
Transcendental Method

The paper analyses some elements which create the identity of legal culture. These elements are determined by Greek philosophy, Roman law (the Mediterranean culture) and Christian solidarity. These included positive law (legem ponere), jurisprudence, academic teaching, legal text, axiological autonomy of law, Roman law as origin of civil law and its reception, legitimization of law. The paper focuses particularly on problematic aspects of legitimization of law. In the literature of jurisprudence the problem of the legitimacy (justifying) of law is presented as the justification for the external validity of law or as a justification for the absolute validity. The history of philosophy of law demonstrates that we can talk about same arguments, which may be referred to as transcendental. Those are ultimate conditions of justifying any kind of being – here this particular being is the law. Firstly, this paper presents two trends (traditions) in the literature of philosophy that have developed the concept of transcendental method, and thus the content of the concept of transcendentalism. Secondly, it presents four arguments which justify the existence of law and which can be called the transcendental arguments.

Rhetoric, Language, and Roman Law: Legal Education and Improvement in Eighteenth-Century Scotland

1991 ◽  
Vol 9 (1) ◽  
pp. 31-58 ◽  
Author(s):  
John W. Cairns
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Legal Education ◽  
Public Law ◽  
Roman Law ◽  
The Political ◽  
Careful Study ◽  
Law Of Nature ◽  
University Of Edinburgh ◽  
The University

Education in law in the Scottish universities has a continuous history only from the early eighteenth century. In 1707, the regius professorship of public law and the law of nature and nations was founded in Edinburgh, to be followed in 1710 and 1722 by professorships in civil (Roman) and Scots law respectively. In the University of Glasgow, the regius professorship of civil law was established in late 1713 and first filled in 1714. These developments were not entirely novel. Throughout the seventeenth century, there had been regular, if unsuccessful, attempts to create university chairs in law. While the background to the foundation of the university chairs requires further careful study, we may note that, by at least around 1690, it was thought desirable to introduce the teaching of both civil and Scots law, though the notion of teaching both does go back at least as far as the First Book of Discipline of 1561. After the visitation of the University of Edinburgh that resulted from the political and religious settlements of 1688–89, it was proposed to establish a single professorship to teach both civil and Scots law. This proposal in the late seventeenth century is in line with general developments throughout Europe. Nothing, however, was done, probably because no person or body was willing to finance a chair.

The Civil Law in Scotland

2001 ◽  
Vol 5 (2) ◽  
pp. 130-144 ◽  
Author(s):  
William M Gordon
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Civil Law ◽  
General Meeting ◽  
Roman Law ◽  
Annual General ◽  
Annual General Meeting ◽  
The Third ◽  
English Law

This article is a revised version of an address given at the Annual General Meeting of the Stair Society on 6 November 1999. It explores three issues relating to the use of the Civil Law in Scotland. The first is the distinction to be drawn between Roman Law and the Civil Law and the use that can be made of the Civil Law as distinct from Roman Law. The second is the issue of reception of another legal system, the reception of the Civil Law in Scotland in particular, and the countervailing influence of English law. The third is the place of Roman Law and the Civil Law in legal education in Scotland.

Sola scriptura, An essay in comparative legal history on 'obligacions' in thirteenth century France and England

2012 ◽  
Vol 80 (1-2) ◽  
pp. 95-128
Author(s):  
W.J. Zwalve
Keyword(s):  
Thirteenth Century ◽  
Canon Law ◽  
Legal History ◽  
Legal Culture ◽  
Customary Law ◽  
Roman Law ◽  
English Law ◽  
National Boundaries

AbstractIt is contended in this article that the doctrine of litterarum obligatio, as developed by Jacques de Révigny on the basis of Inst. 3,21, was not inspired by Roman law, but by the 'lettre scellée' of contemporary French customary law. It is also argued, that the English deed is the equivalent of the 'lettre scellée' of medieval French customary law, like the English recognizance is the equal of the publicum instrumentum, the 'lettre de baillie', of French customary law. They were primarily executory instruments, devised to prevent litigation by allowing for executory proceedings to be initiated after a summary hearing in court. They were the products of a legal culture that did not, as yet, recognize national boundaries. Nevertheless, English law was about to break away from its continental origins, by continuing to employ legal expedients, such as the deed, which, on the continent, were beginning to become obsolete, or completely changed in character, on account of the persistent pressure of canon law and Roman law. The demise of the deed on the continent was mainly, if not exclusively, due to the influence of Roman law and canon law, which allowed for parole evidence to defeat any instrument. The persistence of the deed in English law was guaranteed by the fact that it did not allow this to happen.

scholarly journals OKRES DWUDZIESTOLECIA MIĘDZYWOJENNEGO A ROZWÓJ NAUKI PRAWA RZYMSKIEGO W POLSCE

2016 ◽  
Vol 11 (4) ◽  
pp. 161
Author(s):  
Bożena Czech-Jezierska
Keyword(s):  
Interwar Period ◽  
Legal System ◽  
Legal Education ◽  
Legal Culture ◽  
Scientific Discipline ◽  
Scientific Activity ◽  
University Education ◽  
Roman Law ◽  
Teaching Activity ◽  
The University

The Period of the Interwar Period – The Development of Roman Law StudiesSummary The interwar period was a historical stage that was full of events in a world of science. The scientific activity reflected patriotism at the time. The energy engaged by the Polish scholars in developing and popularizing all the fields of science seemed to be the energy engaged in rebuilding of Polish State. Despite the difficulties with building up a consistent legal system, the interwar period is said to be respectful to ancient legal culture and rules. Legal education and the place of Roman law in it were indicators of significant role of this science. At the same time they statued an excellent school of juridical thinking and introduction into the modern law. University education of jurists was held in the six universities in: Cracow, Lviv, Warsaw, Lublin, Vilnius and Poznan. Roman law was taught at these universities partucularly by: Stanisław Wróblewski, Ignacy Koschembahr- Łyskowski, Leon Piniński, Marceli Chlamtacz, Wacław Osuchowski, ks. Henryk Insadowski, Franciszek Bossowski, Włodzimierz Kozubski, Zygmunt Lisowski. Apart from teaching activity, Roman law specialists also developed scienitific initiative. The author described development of Roman law science and studies during the rebuilding of Polish statehood. Therefore she analysed the place of Roman law in the university legal education system and the tendencies of Roman law scholar’s studies to whom it owed the significant position of scientific discipline. This issue is still waiting for a complex description and analysis. This will help to investigate multidirectional character of Polish Roman law scientists studies during the interwar period and their contribution to the global Roman law studies. The interwar period was stage unusually rich in events in the word of science. The scientific activity became the word of the patriotism then, the energy put by Polish scholars into the development and popularizing all fields of science was an energy put into the reconstruction of you Polish. In spite of the difficulties building the consistent legal system up caused which, the period between wars was characteristic of a respect to principles of the legal culture. A legal education was one of her indicators, and in it – the place of the Roman law, constituting the excellent school of the legal thinking and leading into the contemporary law. University educating jurists was held then in six universities: in Cracow, Lviv, Warsaw, Lublin, Vilnius and Poznan. They laid the Roman law out there among others: Stanisław Wróblewski, Ignacy Koschembahr-Łyskowski, Leon Piniński, Marceli Chlamtacz, Wacław Osuchowski, rev. Henryk Insadowski, Franciszek Bossowski, Włodzimierz Kozubski, Zygmunt Lisowski. Apart from teaching activity specialists in Romance studies also developed the scientific initiative. The author described the development of the learning, including teachings, of Roman law in times of the reconstruction of the statehood. She analysed the place of the Roman law therefore in the university legal education and lines of enquiry of professors which the Roman law owed holding in the university item due to him of the scientific discipline to. This issue is waiting for a complex scientific description and analysis, that will help to investigate the multidirectional character of their interests and also the place of their scientific output in the global Roman studies.

LAW IN THE VINDICIAE, CONTRA TYRANNOS: A VINDICATION

2006 ◽  
Vol 49 (3) ◽  
pp. 877-891 ◽  
Author(s):  
GEORGE GARNETT
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Canon Law ◽  
Roman Law ◽  
Original Text ◽  
Proper Context

Dr Anne McLaren has disputed the interpretation of the Vindiciae, contra tyrannos (1579) as a work in which Roman and canon law were fundamental. She correctly identifies Quentin Skinner and me with this interpretation. She bases her case on two sorts of evidence: the alleged paucity of Roman law citations, as compared with scriptural ones, in the margins of the original text; and our alleged failure to appreciate the ‘context’ of the Vindiciae, which, she suggests, means how it was translated and used in England, primarily in the seventeenth century. This response argues that she has seriously underestimated the number of legal citations, ignored the use of legal material which is not cited in the margins, and failed to appreciate that Scripture is interpreted in accordance with the categories and principles of Roman and canon law. It further argues that sixteenth-century France, not seventeenth-century England, is the proper ‘context’ in which to understand the book; and that substituting her assessment of English interpretations for what the original says is illegitimate.

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