A Mixed Legal System in Transition - T. B. Smith and the Progress of Scots Law (Hardcover)

A focus on the career of T. B. Smith.This collection of essays considers the work of Professor Sir Thomas Smith QC (1915-88) and, through that work the development of Scots law as a mixed legal system. Smith was a leading figure in the revival of Scots law which he began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems(i.e. systems which combine both of the main European legal traditions, civil law and common law). Yet, in Scotland, he was a controversial figure, whose advocacy of the Civil Law tradition was challenged and whose legacy is disputed. This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influence. The contributors approach their subject from different angles and in different ways. Some knew Smith well personally while others know him only from his work. Two contributors are from other mixed legal systems (South Africa and Louisiana).