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Civil justice in Renaissance Scotland : the origins of a central court / by A.M. Godfrey.

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Format:
Book
Author/Creator:
Godfrey, Mark (Law teacher)
Series:
Medieval law and its practice ; v. 4.
Medieval law and its practice, 1873-8176 ; v. 4
Language:
English
Subjects (All):
Courts--Scotland--History--To 1500.
Courts.
Courts--Scotland--History--16th century.
Scotland. Court of Session--History--To 1500.
Scotland.
Scotland. Court of Session--History--16th century.
Physical Description:
1 online resource (504 p.)
Place of Publication:
Leiden ; Boston : Brill, 2009.
Language Note:
English
Summary:
This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of “the Session” in the fifteenth century as a judicial sitting of the King’s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.
Contents:
The medieval Scottish Parliament as a central court
The evolution of the Session 1426-1532
The foundation of the College of Justice
The procedure of the Session
The jurisdiction of the Session
Jurisdiction over fee and heritage
The jurisdiction of the Session over fee and heritage
Litigation, arbitration, and dispute resolution before the Session
The role of the Session in dispute resolution.
Notes:
Description based upon print version of record.
Includes bibliographical references (p. [461]-471) and an index.
ISBN:
1-282-60156-3
9786612601569
90-474-2812-9
OCLC:
593295862
Publisher Number:
10.1163/ej.9789004174665.i-488 DOI

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