Picture of boy being examining by doctor at a tuberculosis sanatorium

Understanding our future through Open Access research about our past...

Strathprints makes available scholarly Open Access content by researchers in the Centre for the Social History of Health & Healthcare (CSHHH), based within the School of Humanities, and considered Scotland's leading centre for the history of health and medicine.

Research at CSHHH explores the modern world since 1800 in locations as diverse as the UK, Asia, Africa, North America, and Europe. Areas of specialism include contraception and sexuality; family health and medical services; occupational health and medicine; disability; the history of psychiatry; conflict and warfare; and, drugs, pharmaceuticals and intoxicants.

Explore the Open Access research of the Centre for the Social History of Health and Healthcare. Or explore all of Strathclyde's Open Access research...

Image: Heart of England NHS Foundation Trust. Wellcome Collection - CC-BY.

Convergence of the common law and the civil law - the Scottish experience

Blackie, John (2003) Convergence of the common law and the civil law - the Scottish experience. Hanse Law School Cahier, 3.

Text (Blackie-HLSC-2003-Convergence-of-the-common-law-and-the-civil-law)
Accepted Author Manuscript

Download (431kB) | Preview


The Legal System in Scotland was specifically guaranteed a separate existence within the United Kingdom under a clause in the Act of Union with England in 1707. By this time the law in Scotland had become heavily influenced in its main areas by the developing ius commune of continental Europe. Recent doctrinal legal historical research is beginning to reveal that this had had direct impact on the case law by being cited in Scottish courts, and the Scottish solution, can very often be shown to be the adoption of one of several views that were current and hotly debated in contemporary or earlier Europe. However, as will become more apparent later in this paper, it is not the comparison of precise legal rules or the borrowing and convergence of rules that should be emphasised, but rather a particular way of considering legal questions, a converged way.