A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

by Elspeth Reid (Editor), David Carey Miller (Editor)

This collection of essays considers the work of Professor Sir Thomas Smith QC (1915–1988) and, through that work, the development of Scots law as a mixed legal system. Smith was a leading figure in the revival of Scots law which began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems. Yet in Scotland he was a controversial figure, whose advocacy of the civil law tradition was challenged and whose legacy is disputed. This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influence. The contributors approach their subject from different angles and in different ways. Two contributors are from other mixed legal systems (South Africa and Louisiana).

340 pages, Hardcover

First published July 20, 2005