94 research outputs found
Pleadable brieves and jurisdiction in heritage in later medieval Scotland.
Despite the scarcity of source material and the difficulty of
interpreting such evidence as exists, it is clear that the development
of royal justice led to the emergence of a unified common law in
medieval Scotland. This was achieved although no structure of
central courts like that of England emerged until the fifteenth
century. Instead royal justice was administered by courts based
in the localities such as those of the sheriff and the burghs, or by
courts such as those of the justiciar which went on circuit through
the kingdom. Within this structure there operated from the thirteenth
century a rule that actions concerning the recovery of land from
intruders had to be raised by pleadable brieves. There were various
types of such writs; the relevant ones were the brieves of dissasine
and mortancestor, pleadable in the justiciar's court, and the brieve
of right, pleadable in the sheriff and burgh courts. It appears
that round these brieves there developed a considerable body of
law, and at least some of them remained in use until the sixteenth
century. It is against this background that the exclusion of the
developing 'central' courts of the fifteenth century from cases
concerning fee and heritage, or landownership, must be considered.
These courts developed as a method of handling the judicial functions
of parliament and the king's council. To begin with these functions
were confined to the supervision and correction of the ordinary courts
of the common law, but by the mid-fifteenth century the jurisdiction
of council in particular as an alternative forum was established in
most areas other than that of fee and heritage. This limitation,
it is argued, continued because the common.law still required that
pleadable brieves (which were not addressed to either parliament or
council) be used to commence actions of that kind. Only when
the pleadable brieves had fallen into desuetude in the first half
of the sixteenth century did the council come to have jurisdiction
in fee and heritage
Delict, Contract, and the Bill of Rights: A Perspective from the United Kingdom
Work carried out at the AHRC Research Centre for Studies in Intellectual Property and Technology LawThe article offers a comparative approach to the impact of South Africa's Bill of Rights on the law of delict and contract in the United Kingdom
Searching for Privacy in a Mixed Jurisdiction
The article examines the individual’s right to privacy, with particular reference to its protection against actors other than the State. The English model is provided by the Common Law on breach of confidence; the Civilian one by the development of the actio iniuriarum in line with its development in other mixed jurisdictions such as South Africa and, less prominently, Louisiana. Of critical importance is the stimulus to legal development provided by human rights jurisprudence, lately made directly relevant to Scots law by the Human Rights Act 1998 (HRA)
Intellectual Property in a Peripheral Jurisdiction: A Matter of Policy?
A book chapter examining the impact of intellectual property law and intellectual property rights in Scotland as the "peripheral jurisdiction". The chapter is written from a socio-legal perspective
From Napster to Grokster
Work carried out at the AHRC Research Centre for Studies in Intellectual Property and Technology LawAn article examining the free exchange and file sharing of copyright music, films and other digital media over the Internet
Reform of archival legislation: a Scots perspective 2006
A comparative approach of archival legislation between Scotland and Ireland
Madster and Madster: File-sharing and Copyright Infringement Again
The article examines file-sharing across the internet
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