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Tears of a Legal Historian: Scottish Feudalism and the ius commune

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Original languageEnglish
Pages (from-to)1-28
Number of pages29
JournalJuridical Review
Issue number1
Publication statusPublished - 2003

Abstract

The extent to which the feudal land law of Scotland was a product of external influences from England and continental Europe, including the medieval ius commune, has sometimes been overlooked. The aim of this article will be to highlight some of the evidence for this external influence and to assess the potential for further research on the subject. The material considered ranges from the feudal charters of twelfth-century Scotland to the learned analysis of feudal law by Thomas Craig c. 1600. The whole is underpinned by reflection upon the thesis of Susan Reynolds that feudalism and feudal law are essentially late-medieval and later academic constructs, having little relationship to the realities of medieval landholding.

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