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The Legal Language of Scottish BurghsStandardization and Lexical Bundles (1380-1560)$
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Joanna Kopaczyk

Print publication date: 2013

Print ISBN-13: 9780199945153

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199945153.001.0001

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Law and the Burgh

Law and the Burgh

Chapter:
(p.114) 7 Law and the Burgh
Source:
The Legal Language of Scottish Burghs
Author(s):

Joanna Kopaczyk

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199945153.003.0007

This chapter offers an overview of the history of law in Scotland in the medieval and early modern period, with special emphasis on the role of the burghs in the development of legal customs, institutions, and instruments. The contemporary English legal system provides a comparative background. It is crucial, however, to understand the distinctive features of Scots law and the influences from continental legal traditions (civil and canon law) to appreciate the linguistic patterns emerging in Scottish legal texts, brought frequently into the discussion to signal the links with the analytical part of the book. The focus is placed on feudalism and the rich legal machinery developed during that period: early burgh laws and the structure and functions of burgh courts. The special place of the burghs in the Scottish Parliament is also acknowledged. Finally, the discussion zooms in on early Scottish men of law and the texts they produced.

Keywords:   Scots law, civil law, common law, burghs, legal history, feudalism, burgh courts, early lawyers, legal records

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