Abstract
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 language | English |
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Title of host publication | Mapping the Law |
Subtitle of host publication | Essays in Memory of Peter Birks |
Editors | Andrew Burrows, Alan Rodger |
Publisher | Oxford University Press |
Pages | 599-618 |
Number of pages | 20 |
ISBN (Print) | 0199206554, 9780199206551 |
DOIs | |
Publication status | Published - 2006 |
Keywords / Materials (for Non-textual outputs)
- slaves divorce
- Scotland
- Roman Law evidence