Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
Edinburgh is the capital city of Scotland and one of its 32 council areas. Part of the county of Midlothian, it is located in Lothian on the Firth of Forth's southern shore. Recognised as the capital of Scotland since at least the 15th century, Edinburgh is the seat of the Scottish Government, the Scottish Parliament and the supreme courts of Scotland; the city's Palace of Holyroodhouse is the official residence of the monarch in Scotland. The city has long been a centre of education in the fields of medicine, Scots law, philosophy, the sciences and engineering, it is the second largest financial centre in the United Kingdom and the city's historical and cultural attractions have made it the United Kingdom's second most popular tourist destination, attracting over one million overseas visitors each year. Edinburgh is Scotland's second most populous city and the seventh most populous in the United Kingdom; the official population estimates are 488,050 for the Locality of Edinburgh, 513,210 for the City of Edinburgh, 1,339,380 for the city region.
Edinburgh lies at the heart of the Edinburgh and South East Scotland city region comprising East Lothian, Fife, Scottish Borders and West Lothian. The city is the annual venue of the General Assembly of the Church of Scotland, it is home to national institutions such as the National Museum of Scotland, the National Library of Scotland and the Scottish National Gallery. The University of Edinburgh, founded in 1582 and now one of four in the city, is placed 18th in the QS World University Rankings for 2019; the city is famous for the Edinburgh International Festival and the Fringe, the latter being the world's largest annual international arts festival. Historic sites in Edinburgh include Edinburgh Castle, the Palace of Holyroodhouse, the churches of St. Giles and the Canongate, the extensive Georgian New Town, built in the 18th/19th centuries. Edinburgh's Old Town and New Town together are listed as a UNESCO World Heritage site, managed by Edinburgh World Heritage since 1999. "Edin", the root of the city's name, derives from Eidyn, the name for this region in Cumbric, the Brittonic Celtic language spoken there.
The name's meaning is unknown. The district of Eidyn centred on the dun or hillfort of Eidyn; this stronghold is believed to have been located at Castle Rock, now the site of Edinburgh Castle. Eidyn was conquered by the Angles of Bernicia in the 7th century and by the Scots in the 10th century; as the language shifted to Old English, subsequently to modern English and Scots, The Brittonic din in Din Eidyn was replaced by burh, producing Edinburgh. Din became dùn in Scottish Gaelic, producing Dùn Èideann; the city is affectionately nicknamed Auld Reekie, Scots for Old Smoky, for the views from the country of the smoke-covered Old Town. Allan Ramsay said. A name the country people give Edinburgh from the cloud of smoke or reek, always impending over it."Thomas Carlyle said, "Smoke cloud hangs over old Edinburgh,—for since Aeneas Silvius's time and earlier, the people have the art strange to Aeneas, of burning a certain sort of black stones, Edinburgh with its chimneys is called'Auld Reekie' by the country people."A character in Walter Scott's The Abbot says "... yonder stands Auld Reekie--you may see the smoke hover over her at twenty miles' distance."Robert Chambers who said that the sobriquet could not be traced before the reign of Charles II attributed the name to a Fife laird, Durham of Largo, who regulated the bedtime of his children by the smoke rising above Edinburgh from the fires of the tenements.
"It's time now bairns, to tak' the beuks, gang to our beds, for yonder's Auld Reekie, I see, putting on her nicht -cap!"Some have called Edinburgh the Athens of the North for a variety of reasons. The earliest comparison between the two cities showed that they had a similar topography, with the Castle Rock of Edinburgh performing a similar role to the Athenian Acropolis. Both of them had fertile agricultural land sloping down to a port several miles away. Although this arrangement is common in Southern Europe, it is rare in Northern Europe; the 18th-century intellectual life, referred to as the Scottish Enlightenment, was a key influence in gaining the name. Such luminaries as David Hume and Adam Smith shone during this period. Having lost most of its political importance after the Union, some hoped that Edinburgh could gain a similar influence on London as Athens had on Rome. A contributing factor was the neoclassical architecture that of William Henry Playfair, the National Monument. Tom Stoppard's character Archie, of Jumpers, said playing on Reykjavík meaning "smoky bay", that the "Reykjavík of the South" would be more appropriate.
The city has been known by several Latin names, such as Aneda or Edina. The adjectival form of the latter, can be seen inscribed on educational buildings; the Scots poets Robert Fergusson and Robert Burns used Edina in their poems. Ben Jonson described it as "Britaine's other eye", Sir Walter Scott referred to it as "yon Empress of the North". Robert Louis Stevenson a son of the city, wrote, "Edinburgh is what Paris ought to be"; the colloquial pronunciation "Embra" or "Embro" has been used, as in Robert Garioch's Embro to the Ploy. The earliest known human habitation in the Edinburgh area was at Cramond, where evidence was found of a Mesolithi
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the Court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court; the Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session; the court is a unitary collegiate court, with all judges other than the Lord President of the Court of Session and the Lord Justice Clerk holding the same rank and title—Senator of the College of Justice and Lord or Lady of Council and Session.
The Lord Lord President is chief justice of the Court, head of the judiciary of Scotland. There are 35 Senators, in addition to a number of temporary judges; the Senators sit in the High Court of Justiciary, where the Lord President is called the Lord Justice General, Senators are known as Lords Commissioners of Justiciary. The Court is divided into the Inner House of 12 Senators, an appeal court, the Outer House, a court of first instance; the Inner House is further divided into 2 divisions of 6 Senators: the 1st Division is presided over by the Lord President, the 2nd Division is presided over by the Lord Justice Clerk. Cases in the Inner House are heard before a bench of 3 Senators, through more complex or importance cases are presided over by 5 Senators. On rare occasions the whole Inner House has presided over a case. Cases in the Outer House are heard by a single Senator sitting as a Lord Ordinary with a jury of twelve; the Court is administered by the Scottish Courts and Tribunals Service, the most senior clerk of court is the Principal Clerk of Session and Justiciary.
The Court was established in 1532 by an Act of the Parliament of Scotland, was presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council; as of May 2017, the Lord President was Lord Carloway, appointed on 19 December 2015, the Lord Justice Clerk was Lady Dorrian, appointed on 13 April 2016. The Lords of Council and Session had been part of the King's Council, but after receiving support in the form of a papal bull of 1531, King James V established a separate institution—the College of Justice or Court of Session—in 1532, with a structure based on that of the Parlement of Paris; the Lord Chancellor of Scotland was to preside over the court, to be composed of fifteen lords appointed from the King's Council. Seven of the lords had to be churchmen. An Act of Parliament in 1640 restricted membership of the Court to laymen only, by withdrawing the right of churchmen to sit in judgement; the number of laymen was increased to maintain the number of Lords in the Court.
The Courts Act 1672 allowed for five of the Lords of Session to be appointed as Lords Commissioners of Justiciary, as such becomes judges of the High Court of Justiciary. The High Court of Justiciary is the supreme criminal court of Scotland; the Lord Justice General, the president of the High Court, had appointed deputes to preside in his absence. From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, five Lords of Session; the Court of Session is explicitly preserved "in all time coming" in Article XIX of the Treaty of Union between England and Scotland, subsequently passed into legislation by the Acts of Union in 1706 and 1707 respectively. Several significant changes were made to the Court during the 19th century, with the Court of Session Act 1810 formally dividing the Court of Session into the Outer House and Inner House Cases in the Outer House were to be heard by Lords Ordinary who either sat alone or with a jury of twelve. Cases in the Inner House were to be heard by three Lords of Council and Session, but significant or complicated cases were to be heard by five or more judges.
A further separation was made in 1815, by the Jury Trials Act 1815, with the creation of a lesser Jury Court to allow certain civil cases to be tried by jury. In 1830 the Jury Court, along with the Admiralty and Commissary Courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830. In 1834 the remuneration and working conditions was a matter of public discussion and debate in the House of Commons. On 6 May 1834 Sir George Sinclair addressed the House of Commons to plead for an increase in the salaries for the Senators, noting that "a Civil Judge in the Supreme Court in Scotland received only £2,000" and the masters in the Court of Chancery were paid £2,500. A Select Committee was appointed to investi
Scotland is a country, part of the United Kingdom. Sharing a border with England to the southeast, Scotland is otherwise surrounded by the Atlantic Ocean to the north and west, by the North Sea to the northeast and by the Irish Sea to the south. In addition to the mainland, situated on the northern third of the island of Great Britain, Scotland has over 790 islands, including the Northern Isles and the Hebrides; the Kingdom of Scotland emerged as an independent sovereign state in the Early Middle Ages and continued to exist until 1707. By inheritance in 1603, James VI, King of Scots, became King of England and King of Ireland, thus forming a personal union of the three kingdoms. Scotland subsequently entered into a political union with the Kingdom of England on 1 May 1707 to create the new Kingdom of Great Britain; the union created a new Parliament of Great Britain, which succeeded both the Parliament of Scotland and the Parliament of England. In 1801, the Kingdom of Great Britain and Kingdom of Ireland enacted a political union to create a United Kingdom.
The majority of Ireland subsequently seceded from the UK in 1922. Within Scotland, the monarchy of the United Kingdom has continued to use a variety of styles and other royal symbols of statehood specific to the pre-union Kingdom of Scotland; the legal system within Scotland has remained separate from those of England and Wales and Northern Ireland. The continued existence of legal, educational and other institutions distinct from those in the remainder of the UK have all contributed to the continuation of Scottish culture and national identity since the 1707 union with England; the Scottish Parliament, a unicameral legislature comprising 129 members, was established in 1999 and has authority over those areas of domestic policy which have been devolved by the United Kingdom Parliament. The head of the Scottish Government, the executive of the devolved legislature, is the First Minister of Scotland. Scotland is represented in the UK House of Commons by 59 MPs and in the European Parliament by 6 MEPs.
Scotland is a member of the British–Irish Council, sends five members of the Scottish Parliament to the British–Irish Parliamentary Assembly. Scotland is divided into councils. Glasgow City is the largest subdivision in Scotland in terms of population, with Highland being the largest in terms of area. "Scotland" comes from the Latin name for the Gaels. From the ninth century, the meaning of Scotia shifted to designate Gaelic Scotland and by the eleventh century the name was being used to refer to the core territory of the Kingdom of Alba in what is now east-central Scotland; the use of the words Scots and Scotland to encompass most of what is now Scotland became common in the Late Middle Ages, as the Kingdom of Alba expanded and came to encompass various peoples of diverse origins. Repeated glaciations, which covered the entire land mass of modern Scotland, destroyed any traces of human habitation that may have existed before the Mesolithic period, it is believed the first post-glacial groups of hunter-gatherers arrived in Scotland around 12,800 years ago, as the ice sheet retreated after the last glaciation.
At the time, Scotland was covered in forests, had more bog-land, the main form of transport was by water. These settlers began building the first known permanent houses on Scottish soil around 9,500 years ago, the first villages around 6,000 years ago; the well-preserved village of Skara Brae on the mainland of Orkney dates from this period. Neolithic habitation and ritual sites are common and well preserved in the Northern Isles and Western Isles, where a lack of trees led to most structures being built of local stone. Evidence of sophisticated pre-Christian belief systems is demonstrated by sites such as the Callanish Stones on Lewis and the Maes Howe on Orkney, which were built in the third millennium BCE; the first written reference to Scotland was in 320 BC by Greek sailor Pytheas, who called the northern tip of Britain "Orcas", the source of the name of the Orkney islands. During the first millennium BCE, the society changed to a chiefdom model, as consolidation of settlement led to the concentration of wealth and underground stores of surplus food.
The first Roman incursion into Scotland occurred in 79 AD. After the Roman victory, Roman forts were set along the Gask Ridge close to the Highland line, but by three years after the battle, the Roman armies had withdrawn to the Southern Uplands; the Romans erected Hadrian's Wall in northern England and the Limes Britannicus became the northern border of the Roman Empire. The Roman influence on the southern part of the country was considerable, they introduced Christianity to Scotland. Beginning in the sixth century, the area, now Scotland was divided into three areas: Pictland, a patchwork of small lordships in central Scotland; these societies were based on the family unit and had sharp divisions in wealth, although the vast majority were poor and worked full-time in subsistence agriculture. The Picts kept slaves through the ninth century. Gaelic influence over Pictland and Northumbria was facilitated by the large number of Gaelic-speaking clerics working as missionaries. Operating in the sixth ce
John Millar, Lord Craighill
John Millar, Lord Craighill was a Scottish lawyer and judge. He served two brief terms as Solicitor General for Scotland and in 1874 was appointed a Senator of the College of Justice. Millar was born in the son of John Hepburn Millar, a Glasgow merchant. Millar studied at the University of Glasgow and in 1842 was admitted to the Faculty of Advocates. In 1863, he married Elizabeth Neaves, daughter of Lord Neaves, a Senator of the College of Justice and former Solicitor General, he served as an Advocate Depute, a Crown prosecutor in the High Court of Justiciary, from 1858 to 1859 and 1866 to 1867, before being appointed Solicitor General for Scotland, the country's junior Law Officer, in 1867 in the Conservative government of the Earl of Derby. The prior holder of the office, Edward Gordon had been appointed Lord Advocate, the senior Scottish Law Officer. Millar only held the office until February 1868, when the Earl of Derby was replaced as Prime Minister by Benjamin Disraeli, he was appointed Queen's Counsel in 1868.
He returned to the office of Solicitor General in 1874, again under Edward Gordon as Lord Advocate, before being appointed a Senator of the College of Justice, a judge of the Court of Session, the same year. His judicial title was the name of his estate in Angus, he was awarded an honorary degree of Doctor of Laws by the University of Glasgow in 1875. He lived at 2 Ainslie Place on the Moray Estate in Edinburgh's West End, he died in Edinburgh on 22 September 1888, at the age of 71. He is buried with his family in Grange Cemetery in south Edinburgh; the grave lies facing west onto the western path neat the north-west entrance. He married daughter of Charles Neaves, Lord Neaves, their children included Prof John Hepburn Millar LLD a lawyer and historian
George Young, Lord Young
George Young, Lord Young, was a Scottish Liberal MP in the British Parliament and a judge, with the judicial title of Lord Young. He was born in Dumfries and educated locally before being sent to the University of Edinburgh to study Law, he became a member of the Faculty of Advocates in 1840 and was called to the English bar. He held the judicial offices of Sheriff of Inverness in 1853–1860 and Haddington and Berwick in 1860–1862, he was appointed Solicitor General for Scotland in 1862–1866 and 1868–1869. He became Lord Advocate, he represented Wigtown Burghs in 1865 -- 1874. After an election petition, that election was declared void and the seat awarded to Young on 28 May 1874. However, in June 1874, he was left Parliament. On 3 March 1874 he was created a Senator of the College of Justice with the title Lord Young, he served until 1905. He lived his final years at 28 Moray Place on the prestigious Moray Estate in western Edinburgh, he is buried with his wife Janet Bell, daughter of George Graham Bell, near the south-west corner of St John's churchyard in Edinburgh.
Lee, Sidney, ed.. "Young, George". Dictionary of National Biography. 3. London: Smith, Elder & Co. Who's Who of British Members of Parliament: Volume I 1832-1885, edited by M. Stenton Leigh Rayment's Historical List of MPs Hansard 1803–2005: contributions in Parliament by George Young
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland the Court of Session and the High Court of Justiciary. The Faculty of Advocates is based in Edinburgh. Advocates are privileged to plead in any cause before any of the courts of Scotland, including the Sheriff Courts and District Courts, where counsel are not excluded by statute; the Faculty has existed since 1532 when the College of Justice was set up by Act of the Parliament of Scotland, but its origins are believed to predate that event. For a long period the Faculty resisted reorganisation, until changes in admissions were introduced in 1960; the first female to be admitted to the faculty was Margaret Kidd in July 1923, who remained Scotland's only female advocate until 1948. Kidd served as Keeper of the Advocates' Library 1956–1969. In 2004 the first female vice-dean of the faculty was elected; the Faculty is led by the Dean of Faculty, elected by the whole membership.
The post is held by Gordon Jackson, who took over in 2016 from James Wolffe. He is supported by the Vice-Dean, Clerk, Keeper of the Library and Chairman of Faculty Services Ltd, all of whom are elected. There is no standing council as with the Bar association of Wales; the Faculty is self-regulating, the Court of Session delegates to it the task of preparing Intrants for admission as advocates. This task involves a process of examination and practical instruction known as devilling, during which intrants benefit from intensive structured training in the special skills of advocacy. No-one can be presented to the court as suitable to be a practising advocate without satisfying these training requirements; the Faculty provides for its members an ongoing programme of talks and conferences covering a wide range of topics. Many Advocates and trainee advocates carry out work for the Free Legal Services Unit; this is part of the Faculty's long standing commitment to providing access to justice for everyone in society.
The FLSU enables qualified persons to provide advice and representation to clients of accredited advice agencies across Scotland. The Faculty includes non-practising members; the current practising Bar includes an increasing proportion of women. Women make up one quarter practising membership. Total numbers now stand at just over 460, of whom one fifth are Queen's Counsel; the taking of Silk, as assumption of the title of Queen's Counsel is known, depends upon the prerogative of Her Majesty. This is exercised through the First Minister of Scotland upon the recommendation of the Lord Justice General; the Dean of Faculty is consulted in the course of this process. As a general rule, silk is awarded to experienced Counsel, who are considered to have achieved distinction in full-time practice; the process of awarding silk has been the subject of some criticism. For more than 300 years, the Faculty has maintained within Parliament House the Advocates Library regarded as the finest working law library in the United Kingdom.
A comprehensive range of materials has been built up over the last three hundred years, a modern library management system utilising the latest technology, ensure that the Advocates Library is able to meet the complex needs of members of the Faculty of Advocates. In addition, the library's stock is made available to others via the National Library of Scotland; the Library was formally inaugurated in 1689. From the start the collection was a general one. In 1709 the status of the collection was confirmed when Queen Anne's Copyright Act gave the Keeper of the Library the right to claim a copy of every book published in the British Isles; the collection was enhanced by purchase and donation of continental imprints and of manuscripts. The Advocates Library came to be recognised as the natural depository for literary materials of national importance. By the 1850s the Library had become in effect Scotland's national library. In 1925 the National Library of Scotland was established when the Faculty gifted to the nation its whole non-law collections comprising 750,000 books, manuscripts and sheet music.
The Advocates Library has retained the copyright privilege for law publications. In recent years the Advocates Library has expanded to take account of the increase in membership of the Faculty. Advances in technology have been embraced with the installation of a new library management system, incorporating an on-line catalogue, which further enhances the services the library offers; the Dean of Faculty is the leader of the Faculty of Advocates. The Dean elected by the whole membership. Since 2000, the following have served as Dean: 1997 to 2001: Nigel Emslie 2001 to 2004: Colin Campbell 2004 to 2007: Robert Logan "Roy" Martin 2007 to 2014: Richard Keen 2014 to 2016: James Wolffe 2016 to present: Gordon Jackson Inns of Court, a equivalent body for England and Wales King's Inns, a equivalent body for the Republic of Ireland References Official website