The Role of Scholars in the Convergence and Divergence of Scots and English Law in the Decade Since Devolution

20 Pages Posted: 23 Nov 2012

See all articles by Susan Farran

Susan Farran

Northumbria University; University of the South Pacific

Date Written: December 03, 2010

Abstract

The boundary between Scotland and England is not purely an administrative one. Invisible to the eye it is nevertheless a boundary between one legal system and another. To cross the border is to enter a legal world which reflects much of the political history of Scots-English relationships, from outright and bloody warfare, to wary truce, and in more recent times, new assertions of sovereignty for Scotland following devolution in 1999.

This paper, the origins of which were presented at the 2009 Society of Legal Scholars Centenary conference celebrating 100 years of legal scholarship, considers the role of scholars in fostering or undermining the idea of convergence and divergence in Scots and English law, focusing on academic writing in the decade since devolution in order to discover whether the opportunities provided by this historic moment have been accompanied by greater assertions of divergence, or whether other UK wide considerations, are leading to greater advocacy of legal convergence, particularly through the work of comparativists north and south of the border.

Keywords: Scotland, England, law, convergence, divergence, comparativists, Roman law, civil law, common law

JEL Classification: K00, K19, K10, K40

Suggested Citation

Farran, Susan, The Role of Scholars in the Convergence and Divergence of Scots and English Law in the Decade Since Devolution (December 03, 2010). Available at SSRN: https://ssrn.com/abstract=2179482 or http://dx.doi.org/10.2139/ssrn.2179482

Susan Farran (Contact Author)

Northumbria University ( email )

City Campus East
208, City Campus East-1
Newcastle upon tyne, NE1 8ST
United Kingdom

University of the South Pacific ( email )

Laucala Campus
Suva
Fiji

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