Presented as a paper at the Irish Association of Comparative Law, this article looks at the classification of legal systems into families and examines where, among the many different models, Scots law fits in

Farran, Sue

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addressing the Louisiana State Law Institute in 1965: A Yiannopoulus (ed), Civil Law in the Modern World (Baton Rouge: Louisiana State

Annual Report for the Scottish Law Commission, for example, comparative reference is made to the New Zealand Personal Properties Securities Act

As stated by T Mackay-Cooper “A seat on the fence may not be a very secure seat, but it offers the conspicuous advantage of a view on both sides of the fence”: “The common and civil law – a Scot’s view” (1949–50) 63 Harvard Law Review 468.

because of language of linked resources (French in Quebec and Louisiana); the infiltration of lawyers/judges trained in the predominant system; the replacement of common law by unifying statutes or law reform that obliterates differences.

Comparative Law, n. 11 above,

De Cruz’s list of hybrid or mixed jurisdictions is different. He includes: the Seychelles,

Jurisdictions, n. 100 above, p. 8. Palmer suggests that the test for admission into this select class Northern Ireland Legal Quarterly 61(4)

Mixed Jurisdictions Worldwide: The third legal family (Cambridge: CUP

Reid acknowledges “nationalism has played its part”: Reid and Zimmermann, A History, n. 15 above,

The Faculty of Advocates in Scotland is an example, but see also some of the leading Afrikaans judges and academic writers in South Africa and their influence on the Roman–Dutch aspects of South African law.

The promises and pitfalls of mixed legal systems: the South African and Scottish experiences”

Scots law: a system in search of a family?

Scots law: a system in search of a family?

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