by Jonathan Hardman and Alisdair MacPherson This Q&A with Jonny Hardman and Alisdair MacPherson introduces their new edited collection for EUP series Edinburgh Studies in Law: Floating Charges in Scotland: New Perspectives and Current Issues. **Throughout the blog, Dr Alisdair MacPherson will be referred to as AM and Jonathan Hardman will be referred to as JH.** Tell us about the book? AM: The book is an edited collection about floating charges in Scots law. A floating charge is a very useful and common form of security granted by companies. It gives protection to a bank or other cred ..read more

by Hector L. MacQueen Missed Part 1 and 2? Read it here first! Part 1 Part 2 Each of the chapters after the first is an in-depth study of its topic which at the same time, and in David’s characteristically fluent and readable style, brings out well its relationship with the more general picture set out in the opening chapter. What is omitted is what David himself did not cover in his writings. There are hints, however, of topics that David would have wished to take further: perhaps most notably the franchise (i.e. non-royal) jurisdictions of barony and regality which Cooper had suggested ..read more

by Hector L. MacQueen Missed Part 1? Read it here first! Another starting point on which David made common ground with Cooper was the importance for Scotland of the development of the law of the western Church – Canon law – from the twelfth century on. But while Cooper left unclear how he saw the Canon law influence after the thirteenth century, David developed a series of powerful studies which demonstrated not only continued significance in the later Middle Ages but also continuing effect despite the statutory abolition of papal jurisdiction at the Scottish Reformation in 1560. Before then ..read more

by Hector L. MacQueen David Sellar (1941-2019) was a pioneering historian of Scots law who convincingly and conclusively rejected previous interpretations of the subject as a series of false starts and rejected experiments. Instead, he emphasised the continuity of legal development in Scotland, with a change in process of integration of external influences with indigenous customs from very early times on. Thus down to the present, Scots law embraces Celtic and other customary elements reaching far back into its past, having also being open to innovation from the developing Canon, Civil, Feudal ..read more

By Neil McIntyre This month, The Scottish Historical Review publishes the first of a series of special issues that tackle key themes in Scottish History. ‘Covenants and Covenanting’ will showcase the latest research on the origins, impact and legacies of the 1638 National Covenant and 1643 Solemn League and Covenant, offering fresh perspectives on what was a truly epochal moment in the Scottish past. While the 1320 ‘Declaration of Arbroath’ often receives greater attention in present-day discussions of Scottish consciousness and identity before the 1707 Act of Union, the Covenants arguably hav ..read more

By Ariane Critchley, Emma Davidson, Laura H.V. Wright The guest editors of the November 2020 edition of Scottish Affairs share their thoughts on why Adverse Childhood Experiences (ACEs) have galvanized so much attention in Scotland. They ask the question, in whose interests does an ACEs agenda for Scotland actually serve?  Our special issue, out this week, focuses on Adverse Childhood Experiences in Scotland – otherwise known as ACEs. ACEs are described as stressful childhood events that can have significant and long-term consequences on health and social outcomes. ACEs have gathered atte ..read more

The Christmas market at Princes St Gardens (Image by Heather Ferguson) In the recent controversies about the use of Edinburgh’s public areas by private operators at Hogmanay, one turn of phrase keeps recurring: ‘it’s common good land!’ But what is common good, and why does its use cause so much controversy? And are there any lessons from history for our modern day campaigners? What is Common Good Property? Common good property is land, buildings or even things like paintings and burgh chains, which have at one time been held by a burgh council. Some property is excluded from the definition if ..read more

If any proof was needed that Brexit is all-pervasive, it is that the nobile officium took centre stage for a fraught few weeks in the Brexit saga this Autumn.  The nobile officium is the extraordinary equitable jurisdiction of the Supreme Courts of Scotland to award any remedy they see fit in a miscellaneous range of technically narrow situations.  Though it is a highly versatile judicial power, it is rarely used and there are good reasons for that.  It had previously been regarded as obscure, and few people had even heard of it, but that was all set to change with Brexit. As Th ..read more

‘The politics of this country will probably, for the next few years, mainly consist in an assault upon the constitutional position of the landed interest.’ Benjamin Disraeli So said the Conservative politician and Prime Minister Benjamin Disraeli in the late nineteenth century, highlighting the contentious and complex nature of land issues and land reform in Scotland and the UK. Much the same might be said about contemporary Scottish politics, particularly since devolution in 1999. As such, a new book series, Scotland’s Land, has been launched by Edinburgh University Press, which aims to pres ..read more

In April 2017, small claims case Beyts v Trump International Golf Club Scotland Ltd created a press extravaganza, however, as Elspeth Reid points out in her article for Edinburgh Law Review there was no proper discussion of the intriguing legal issues surrounding privacy and data protection, which this case raised. Below, is an extract from the article appearing in Volume 21 Issue 3. ELR, Volume 21.3 (September 2017) The Facts Whether or not Ms Beyts would subscribe to the accolade of “environment activist” awarded to her by The Guardian,5she was one of the group of individuals in the local co ..read more