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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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Interpretation

Interpretation

Chapter:
(p.47) 2 Interpretation
Source:
A History of Private Law in Scotland: Volume 2: Obligations
Author(s):

ERIC CLIVE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299288.003.0002

This chapter focuses on the interpretation of law, focusing on the two dominant influences—civilian and English law—that were assumed to have played great influences in concluding Scottish law. It clarifies that there is no struggle between the civilian and English common law approaches in the doctrinal history of the Scottish law on the interpretation of juridical terms. The Scottish law instead, was supported first by references to civilian texts and later by the references to Scottish and English cases wherein no substantive change occurred. The chapter also traces the development of the Scottish law on interpretation from the institutional writers of the 17th and 18th centuries to the present day.

Keywords:   interpretation of law, civilian law, English law, Scottish law, common law, 17th century, 18th century

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