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Zimmermann, R.; Anderson, R.G. (2008)
Publisher: Edinburgh University Press
Languages: English
Types: Article
Subjects:
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    • 16 (1831) 1 Edinburgh Law Journal 219.
    • 17 (1831) 1 Edinburgh Law Journal 244, 350, 438, 577; 2 Edinburgh Law Journal (undated) 11, 161.
    • 18 2 Edinburgh Law Journal 1.
    • 19 2 Edinburgh Law Journal 63.
    • 20 2 Edinburgh Law Journal 25.
    • 21 2 Edinburgh Law Journal 58 (“from the German of Professor Puggé”).
    • 22 Malcolm (n 1) at 156 suggests the Journal was published intermittently until 1836.
    • 23 Many other loose law tracts have been collected and are stored together in boxes. In addition the Advocates' Library holds a number of law tracts from the eighteenth century, such as A Bayne, Institutions on the Criminal Law of Scotland (1748); A Dissertation on the Laws of Elections for the Counties of Scotland (1767); Observations on Regiam Majestatem (undated but pre-1799); J Borthwick, An Inquiry into the Origins and Limitations of the Feudal Dignities of Scotland (1775); G Stuart, Observations concerning the Public Law and the Constitutional History of Scotland (1779); J Miller, Elements of the Law relating to Insurance (1787); J Dalrymple, Considerations on the Polity of Entails in a Nation (1765).
    • 24 By “A Juryman” (1815) 24 pp.
    • 25 By J Douglas (1830) 40 pp.
    • 26 By J Borthwick (1830) 45 pp.
    • 27 C Mackenzie, Thoughts on the inexpediency of abolishing seisin in Scotland (1830) 36 pp.
    • 28 Anon, State of the Question respecting the Seat Rents of the Churches of the City of Edinburgh (1824).
    • 29 “A Country Gentleman”, Remarks on Scottish Entails (1818) 41 pp.
    • 30 E Lockhart, Rights of Succession to Scottish Peerages (1830) 46 pp.
    • 31 R Threshire, Letter on the Sheriff Courts of Scotland (1833) 16 pp.
    • 32 Anon, Remarks upon the Scots Bankrupt Bill (1782) 47 pp.
    • 33 J H Burton, On the State of the Laws regarding the abatement of nuisances and the protection of the public health in Scotland, with suggestions for amendment (1840) 26 pp.
    • 34 Anon, Commentary on the Rights of Minors under the saving clause in the Scottish Statute 1617, c 12, anent prescription of heritable rights, with a summary of the principal decided cases on the subject (1828) 63 pp.
    • 35 J Taylor, A View of the Law of Scotland in intestate Succession, as compared with that of England, with suggestions for its amendment (1837) 47 pp.
    • 36 J Browne, Remarks on the Study of the Civil Law, occasioned by Mr Brougham's late Attack on the Scottish Bar (1828) 79 pp.
    • 37 G Lyon, A Summary of the Law of Scotland, by way of question and answer, in the order of Mr Erskine (1821) 137 pp; D Cheape, An Introductory Lecture on the Civil Law, delivered in the University of Edinburgh (1827) 44 pp.
    • 38 Anon, Observations regarding the Salmon Fishery of Scotland (1824) 60 pp.
    • 39 43 pp.
    • 40 The original Edinburgh Review appeared only twice, in 1755 and 1756. See generally J Clive, Scotch Reviewers: The Edinburgh Review, 1802-1815 (1957) 19.
    • 41 On the Edinburgh Review and its importance to contemporary intellectual life, see Clive, Scotch Reviewers (n 40); J Shattock, Politics and Reviewers: The “Edinburgh” and the “Quarterly” in the early Victorian Age (1989); H W Drescher, Themen und Formen des periodischen Essays im späten 18. Jahrhundert (1971); C Groffy, Die Edinburgh Review 1802-1825: Forum der Spätaufklärung (1981). The influence of the Edinburgh Review is highlighted in a hostile article, “The Edinburgh Review on Scottish Law” (1858) 2 Journal of Jurisprudence 553, where the Review of the 1850s is described (at 553) as “one of the dullest periodicals now published in Europe with one of the largest circulations”. The article goes to comment that “nothing can more illustrate the virtue of a name than the influence still possessed by the Edinburgh Review, in its present day of utter uselessness and decline.” Circulation figures for the initial years are found in Clive, Scotch Reviewers 133. Within 12 years (from 1802 to 1814) the sales figures for each issue had climbed from 750 to 13,000: a phenomenal achievement, especially when compared with, for example, the sales figures for the London Times which, in 1816, had a daily circulation of 8,000.
    • 42 (1803) 3 Edinburgh Review 154-181 (No V).
    • 43 (1804) 4 Edinburgh Review 1-26 (No VII).
    • 44 (1808-09) 13 Edinburgh Review 69-77 (No XXV).
    • 45 (1809-10) 15 Edinburgh Review 83-109 (No XXIX).
    • 46 (1810) 16 Edinburgh Review 1-30 (No XXXI).
    • 47 (1810) 16 Edinburgh Review 102-128 (No XXXI).
    • 48 (1811-12) 19 Edinburgh Review 382-416 (No XXXVIII).
    • 49 On Brougham, see A H Manchester, in A W B Simpson, A Biographical Dictionary of the Common Law (1984) 79 ff with further references. Brougham's speech on the need for reform of the law to the House of Commons in 1828 is characterised by Sir William Holdsworth as “the most learned and thorough
    • 53 Devine, Scottish Nation (n 8) 111. Cf also the statistics in Walker, History vol 6 (n 52) 63.
    • 54 Devine, Scottish Nation (n 8) 263.
    • 55 See (1857) 1 Journal of Jurisprudence 138. Further details for advocates and solicitors are found in Walker, History vol 6 (n 52) 279 and 290.
    • 56 Herman, Scottish Enlightenment (n 49) 184.
    • 57 “It was a discussing age,” wrote Lord Cockburn, reminiscing of the Edinburgh of his youth. “I doubt if from the year 1811, when I married, I have closed above one day in the month of my town life, at home and alone. It is always some scene of domestic conviviality, either in my own house or in a friend's”: H Cockburn, Memorials of His Time (1856) 27, 41.
    • 58 Herman, Scottish Enlightenment (n 49) 89.
    • 59 Herman, Scottish Enlightenment (n 49) 183.
    • 60 For the problem of alcohol consumption in the early Victorian era, see Devine, Scottish Nation (n 8) 350 ff (where the Scottish drinking culture is discussed: “heavy drinking also had cultural and social roots”.)
    • 61 On the Law Chronicle and its editor, a practising lawyer in Dundee, see Malcolm (n 1) at 156.
    • 62 Sir Archibald Alison, “On the instances in which the law of England has been borrowed from that of Scotland” (1862) 1 Scottish Law Magazine (New Series) 5. This article is the published version of a paper originally read before the Glasgow Juridical Society. Alison, Sheriff of Lanarkshire from 1834 until his death in 1867, was Honorary President of the Society.
    • 63 H Barclay, “Observations on the administration of criminal law in Scotland” (1862) 1 Scottish Law Magazine (New Series) 17-20, 21-24.
    • 64 Anon, “Legal education” (1862) 1 Scottish Law Magazine (New Series) 25-28.
    • 65 (1857) 1 Journal of Jurisprudence iii.
    • 66 “Law studies (Scotland)” (1866) 10 Journal of Jurisprudence 281.
    • 67 See generally D M Walker, A History of the School of Law: The University of Glasgow (1990).
    • 68 A general overview of research and teaching at the Scottish universities in the nineteenth century is found in D M Walker, History vol 6 (n 52) 265. For the position at the beginning of the 1890s, see “Law classes” (1890) 6 Scottish Law Review 253; and for the teaching of law at St Mungo's College, before it was integrated into Glasgow University, see (1889) 5 Scottish Law Review 171.
    • 69 For incumbents, see J W Cairns and H L MacQueen, Learning and the Law: A Short History of the Edinburgh Law School (privately published, 2000). For the origins of the chair of Public Law and the Law of Nature and Nations, see J W Cairns, “The origins of the Edinburgh Law School: the Union of 1707 and the Regius Chair” (2007) 11 EdinLR 300.
    • 70 See Walker, University of Glasgow (n 67) 43; Walker, History vol 6 (n 52) 171.
    • 71 J W Cairns, “Historical Introduction”, in K Reid and R Zimmermann (eds), A History of Private Law in Scotland (2000) vol 1, 45 at 161-171; J W Cairns, “The influence of the German historical school in early nineteenth century Edinburgh” (1994) 20 Syracuse Journal of International Law and Commerce 181; A Rodger, “Scottish advocates in the nineteenth century: the German connection” (1994) 110 LQR 563.
    • 72 As examples, see “American cases” (1857) 1 Journal of Jurisprudence 473-476 or “A French criminal trial” (1857) 1 Journal of Jurisprudence 509-513.
    • 73 (1857) 1 Journal of Jurisprudence 138.
    • 74 “Review of the month” (1857) 1 Journal of Jurisprudence 12; “Colonial appointments” (1857) 1 Journal of Jurisprudence 76. See also Mr Justice Macpherson, “Scots Law in the Colonies” 1995 JR 191.
    • 75 (1867) 11 Journal of Jurisprudence 549.
    • 76 Almost until the very end: the first issue of the last volume, in 1891, appeared under the Journal of Jurisprudence and Scottish Law Magazine title.
    • 77 J A Hjaltalin, “Rights of women among the old Scandinavians” (1872) 16 Journal of Jurisprudence 505; G P McNeil, “The Scottish school of jurisprudence” (1883) 27 Journal of Jurisprudence 336 and 393.
    • 78 J H Stirling, “Lectures on the philosophy of law” (1872) 16 Journal of Jurisprudence 1, 57, 113 and 169; “Speech as a mode of business” (1891) 35 Journal of Jurisprudence 24.
    • 79 “Civil procedure in France” (1882) 26 Journal of Jurisprudence 595, (1883) 27 Journal of Jurisprudence 75; T G Wright, “The differences between the laws of England and Scotland as to the contract of sale” (1872) 16 Journal of Jurisprudence 402, 449 and 584.
    • 80 (1883) 27 Journal of Jurisprudence 301.
    • 81 See, for instance, (1872) 16 Journal of Jurisprudence 209 (Adolf Trendelenburg). James Lorimer, Regius Professor of Public Law and the Law of Nature and Nations at Edinburgh University, had studied under Trendelenburg: R Flint, “Professor Lorimer” (1890) 2 JR 116.
    • 82 On these reports, and on the Scottish Jurist, see K Reid, “A note on law reporting”, in K Reid and R Zimmermann (eds), A History of Private Law in Scotland (2000) vol 1, lviii.
    • 83 For which, see 23 below.
    • 84 (1867) 11 Journal of Jurisprudence 549.
    • 85 From 1867 The Poor Law Magazine and Journal of Public Health; from 1873 The Poor Law Magazine and Parochial Journal; and from 1891 The Poor Law Magazine and Local Government Journal.
    • 86 By virtue of the Poor Law Amendment Act 1845 the responsibility for poor relief was transferred from the Kirk to community boards elected by rate paying voters. The Act was a direct result of the Disruption of 1843: prior to the 1845 Act, Kirk Sessions were the sole distributors of poor relief and they were seldom minded to relieve those who had seceded from the Established Church. The boards
    • 106 (1889) 1 JR 93, 96, 204, 211, 218, 314, 321, 408.
    • 107 (1889) 1 JR 4.
    • 108 (1890) 2 JR 113; MacQueen & Cairns, Edinburgh Law School (n 69) 17.
    • 109 The names of all the Juridical Review's editors are set out in W A Wilson and J P Grant, “Editorial note” 1988 JR 135. The early issues do not name the editor. Of the editors, perhaps the most distinguished was Hugh P Macmillan, later Baron Macmillan of Aberfeldy and a Lord of Appeal in Ordinary.
    • 110 1893 SLT (News) 113. And see too A Rodger, “Savigny in the Strand” (1993) 28 Irish Jurist 1.
    • 111 As indicated by the journal's full title: Scottish Law Review and Sheriff Court Reports.
    • 112 Some examples are: A O M Mackenzie, “The administration of justice in Scotland before 1532” (1920) 36 Scottish Law Review 1; W D Esslemont, “Some aspects of trade combinations” (1928) 44 Scottish Law Review 1 (an inaugural lecture); St C M, “Positive and negative prescription” (1935) 51 Scottish Law Review 319; L Loewensohn, “Jus quaesitum tertio: a comparative and critical survey” (1940) 56 Scottish Law Review 77 and 104. Loewensohn was an immigrant from Austria who, from 1939 onwards, was a regular contributor to the Scottish Law Review, his first article being translated from the original German (“The Anschluß and the Austrian Bar” (1939) 55 Scottish Law Review 7). Loewensohn's articles are distinguished by their academic quality. His last contribution was “The Scottish legal tradition and legal progress” (1949) 65 Scottish Law Review 233. I have been unable to trace any biographical details.
    • 113 See E Clive, “A hundred years of the SLT” 1993 SLT (News) 171.
    • 114 Some examples are: J J Gow, “Warranties and conditions” 1960 SLT (News) 109; A F Rodger, “Spuilzie in the modern world” 1970 SLT (News) 33; K G C Reid, “Ownership on delivery” 1982 SLT (News) 149; G L Gretton, “Death and debt” 1984 SLT (News) 299.
    • 115 All qualified solicitors in Scotland are regulated by and members of the Law Society of Scotland. In conjunction with the Institute of Chartered Accounts in Scotland, the Law Society also produces Impecunias: Quarterly Scottish Insolvency Review (from 1991).
    • 116 “Editorial note” 1956 JR 1. The editorial committee is made up of one representative of each of the Scottish universities.
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