This volume examines the nineteenth century. The modern form of many institutions, doctrines, principles and practices was shaped during the nineteenth century, and here Professor Walker traces and analyses the emergence and development of what is in many respects the modern law.The nineteenth century is a period of great interest and steadily accelerating development in every field of Scots law: public, private and criminal. The volume of legislation being produced greatly increased thought the century and areas such as the railways and public health and welfare were the subject of real regulation for the first time. The century also saw closer harmonisation of Scots and English law in the fields of partnership and sale of goods among others. The narrative is illustrated by many fascinating cases; the bankruptcy of Sir Walter Scott, the Burke and Hare murders, the trail of Madeleine Smith and the cases arising out of the fall of the City of Glasgow Bank. These link the development of the law to notorious happenings in Scotland.

Includes a chapter on Scotland.

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

What did it mean to be a man in Scotland over the past nine centuries?Scotland, with its stereotypes of the kilted warrior and the industrial ahard man has long been characterised in masculine terms, but there has been little historical exploration of what masculinity actually means for men (and women) in a Scottish context. This interdisciplinary collection explores a diverse range of the multiple and changing forms of masculinities from the late eleventh to the late twentieth century, examining the ways in which Scottish society through the ages defined expectations for men and their behaviour.How men reacted to those expectations is examined through sources such as documentary materials, medieval seals, romance, poetry, begging letters, police reports and court records, charity records, oral histories and personal correspondence. Focusing upon the wide range of activities and roles undertaken by men a work, fatherhood and play, violence and war, sex and commerce a the book also illustrates the range of masculinities which affected or were internalised by men. Together, they illustrate some of the ways Scotlands gender expectations have changed over the centuries and how more generally masculinities have informed the path of Scottish history.ContributorsLynn Abrams, University of GlasgowKatie Barclay, University of AdelaideAngela Bartiem University of EdinburghRosalind Carr, University of East LondonTanya Cheadle, University of GlasgowHarriet Cornell, University of EdinburghSarah Dunnigan, University of EdinburghElizabeth Ewan, University of GuelphAlistair Fraser, University of GlasgowSergi Mainer, University of EdinburghJeffrey Meek, University of GlasgowCynthia J. Neville, Dalhousie University Janay Nugent, University of Lethbridge Tawny Paul, Northumbria University

Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.

Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, subtitled Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, subtitled Boundaries, Behaviours and Bodies, examines, through themed case studies, how these civic and judicial institutions shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures. As with Volume 1, Boundaries, Behaviours and Bodies is attentive to the relationship between magistrates, the police, the media and the wider community, but here the main focus of analysis is on the role and impact of the police courts, through their practice, on cultural ideas, social behaviours and environments in the nineteenth-century city.

Explores networks of lawyers, legislators and litigators, and how they shape legal development in Britain and the world.

What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.

W M Gordon, who retired from the Douglas Chair of Civil Law at the University of Glasgow in 1999, is well known for his distinguished contribution to Roman law, legal history and land law. He is the author of several books in these subject areas, but it is a mark of his international eminence that much of his prolific output has been published in a wide variety of journals and essay collections outside, as well as within, the UK. This important collection draws together in an accessible format much of his most important writing and, as such, will be in indispensable purchase for all those interested in these core areas of legal scholarship.

Today, Scotland's history is frequently associated with the clarion call of political nationalism. However, in the nineteenth century the influence of history on Scottish national identity was far more ambiguous. How, then, did ideas about the past shape Scottish identity in a period when union with England was all but unquestioned? The activities of the antiquary Cosmo Innes (1798-1874) help us to address this question. Innes was a prolific editor of medieval and early modern documents relating to Scotland's parliament, legal system, burghs, universities, aristocratic families and pre-Reformation church. Yet unlike scholars today, he saw that editorial role in interventionist terms. His source editions were artificial constructs that powerfully articulated his worldview and agendas: emphasising Enlightenment-inspired narratives of social progress and institutional development. At the same time they used manuscript facsimiles and images of medieval architecture to foreground a romantic concern for the texture of past lives. Innes operated within an elite associational culture which gave him access to the leading intellectuals and politicians of the day. His representations of Scottish history therefore had significant influence and were put to work as commentaries on some of the major debates which exorcised Scotland's intelligentsia across the middle decades of the century. This analysis of Innes's work with sources, set within the intellectual context of the time and against the antiquarian activities of his contemporaries, provides a window onto the ways in which the 'national past' was perceived in Scotland during the nineteenth century. This allows us to explore how historical thinkers negotiated the apparent dichotomies between Enlightenment and Romanticism, whilst at the same time enabling a re-examination of prevailing assumptions about Scotland's supposed failure to maintain a viable national consciousness in the later 1800s.