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date: 21 October 2019

Abstract and Keywords

The aim of this chapter is to set out what we know of the tensions within Scots law, between law and Scottish society, and between Scots and English law during the last two and a half centuries of Stewart rule. It seeks to explain the distinctive aspects of Scots law and its context by exploring some of the many historical areas that a combination of law and literature can illuminate. The intention is to help readers familiar only with England to break down assumptions about what was normal, natural, or even normative, by drawing comparisons between countries whose fortunes slowly converged, but whose society, politics, religion, culture, and law remained quite different.

Keywords: law, literature, legal institutions, professions, knowledge of the law, attitudes to the law, church, jurisdiction, jurisprudence

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