Slavery and the Roman Law of evidence in eighteenth-century Scotland

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract / Description of output

This chapter focuses on slavery, which was a recognized part of Roman society, and discusses the problems which it caused in the very different social conditions of 18th-century Scotland. The pursuer in a divorce action wished to call a slave from the Caribbean to give evidence of his wife's adultery. The ensuing legal debate about the competence of a slave to give evidence is analysed and it is shown how the very fact that Scots law did not recognize or regulate slavery led to uncertainty and potential confusion.
Original languageEnglish
Title of host publicationMapping the Law
Subtitle of host publicationEssays in Memory of Peter Birks
EditorsAndrew Burrows, Alan Rodger
PublisherOxford University Press
Number of pages20
ISBN (Print)0199206554, 9780199206551
Publication statusPublished - 2006

Keywords / Materials (for Non-textual outputs)

  • slaves divorce
  • Scotland
  • Roman Law evidence


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