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The Strathprints institutional repository is a digital archive of University of Strathclyde research outputs. Strathprints provides access to thousands of Open Access research papers by University of Strathclyde researchers, including those from the School of Psychological Sciences & Health - but also papers by researchers based within the Faculties of Science, Engineering, Humanities & Social Sciences, and from the Strathclyde Business School.

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Imagined communities, imaginary conversations: failure and the construction of legal identities

Maharg, Paul (2001) Imagined communities, imaginary conversations: failure and the construction of legal identities. In: The state of Scots law : law and government after the devolution settlement. Butterworths, Edinburgh, UK. ISBN 0406944520

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Abstract

How might Scottish legal thought change in the context of a Scottish Parliament? When we ask this deceptively simple question, we encounter an immediate problem. It is a problem in some ways remarkably like the situation in 1707, except in inverse. Nothing like this has happened before to a mixed jurisdiction with a history such as Scotland's. To explore some aspects of this question, I would like to take the subject of jurisprudential thought as an aspect of legal identity. In doing so I shall take a broad view of what constitutes legal literature, and shall argue for the possibility of a Scottish jurisprudence, both critical and historical.