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  6. LS451M: LEGAL HISTORY IN RECENT COURT PRACTICE

LS451M: LEGAL HISTORY IN RECENT COURT PRACTICE (2014-2015)

Last modified: 28 Jun 2018 10:27


Course Overview

This course examines the application of legal-historical sources (e.g. Roman law, Institutional Writers) in recent Scottish cases. Use of such sources is increasing in the Scottish court system, especially in 'difficult' cases. Seminars will consider how well the sources were understood by court, to what effect they were applied, what lessons can be learned from their use, and ultimately how one might use such sources when preparing a case. No previous study of legal history is required.

Course Details

Study Type Undergraduate Level 4
Term Second Term Credit Points 25 credits (12.5 ECTS credits)
Campus None. Sustained Study No
Co-ordinators

Sorry, we don't have a record of any course coordinators.

What courses & programmes must have been taken before this course?

None.

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

None.

Are there a limited number of places available?

No

Course Description

Course Aims: The aim of this course is to provide students with the ability to recognise when and how legal historical sources can be used effectively as authority in court. Emphasis is on the application of Roman law and the Institutional Writers, but that of early statutes, Acts of Sederunt, cases, charters, and jurists of the ius commune will also be considered. As such, cases heard within the last ten years in various Scottish courts on matters of private law will be examined to determine how effective and ineffective such arguments were. This will allow students to understand how to use, and how not to use, these important sources. Main Learning Outcomes: The aim of this course is to provide students with the ability to recognise when and how legal historical sources can be used effectively as authority in court. Emphasis is on the application of Roman law and the Institutional Writers, but that of early statutes, Acts of Sederunt, cases, charters, and jurists of the ius commune will also be considered. As such, cases heard within the last ten years in various Scottish courts on matters of private law will be examined to determine how effective and ineffective such arguments were. This will allow students to understand how to use, and how not to use, these important sources. Content: This course examines the application of legal historical sources in Scottish cases from the last ten years. Cases heard in various courts on private law matters will be examined. Sources examined includes: Roman law, Institutional Writers, early statutes, Acts of Sederunt, cases, charters, and continental jurists. Seminars will consider: how well the sources were understood by counsel and court; to what extent the sources are viable in modern law; to what effect legal history was applied; whether the sources provided an equitable solution; and what lessons can be learned from such use of legal history.

Contact Teaching Time

Information on contact teaching time is available from the course guide.

Teaching Breakdown

More Information about Week Numbers


Details, including assessments, may be subject to change until 30 August 2024 for 1st term courses and 20 December 2024 for 2nd term courses.

Summative Assessments

1st Attempt: three-hour exam (100%). Resit: None.

Formative Assessment

Essay (2,000 words for LL.B. students; 2,500 words for M.A. students)

Feedback

Feedback will be provided on the feedback form within three weeks from the date of submission.

Course Learning Outcomes

None.
 

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