‘How Do Legal Traditions Communicate With Each Other? The Case of England and Scotland’

“Comparative lawyers have long been fascinated with the study of how legal ideas circulate across jurisdictions and legal traditions. In some cases, this circulation has led to the creation of ‘mixed legal systems’, which include Scotland, as it displays a mixture between Civil law and English common law. Mixed legal systems therefore offer a fertile ground of investigation in this field and have attracted increasing attention in recent years. However, the use of the label ‘mixed legal system’ has led legal scholars to direct their attention primarily to the origins of the law in such systems and to emphasise what they have ‘imported’ from other legal traditions. This is true also of Scotland …” (more)

[Alexandra Braun, Oxford Business Law Blog, 18 February]

Leave a Reply