Mixed Legal System in Transition

This collection of essays considers the work of Professor Sir Thomas Smith QC (1915--1988) and, through that work, the development of Scots law as a mixed legal system. Smith was a leading figure in the revival of Scots law which began in the 1950s. Well-known internationally as a comparatist, he was the pioneer of the idea of a grouping of mixed legal systems. Yet in Scotland he was a controversial figure, whose advocacy of the civil law tradition was challenged and whose legacy is disputed. This volume is the first sustained attempt to assess Smith's career, and his writing, methodology, ideology and influence. The contributors approach their subject from different angles and in different ways. Two contributors are from other mixed legal systems (South Africa and Louisiana).

All the essays are interesting and well written: TB who loved language would have been delighted... This timely book [makes] a valiant attempt to assess his contribution to the law of Scotland. Everyone who is involved in the law of Scotland, judge, academic and practitioner, owes TB an immense debt: this book explains why. -- Joe Thomson A very full appraisal of [Sir Thomas Smith's] work and, indeed, the man himself!the individual chapters by eminent writers are gems in their own right! rare and illuminating! So far as current practice is concerned all the chapters in their own way will increase understanding! All of the contributions, too numerous to note, are of the highest order. The volume may easily be commended to all with an interest in Scots law and it must be an essential library purchase. In that this is volume one of a series, the others are eagerly awaited standing the quality of the writing and the elegance of the physical product itself. All the essays are interesting and well written: TB who loved language would have been delighted... This timely book [makes] a valiant attempt to assess his contribution to the law of Scotland. Everyone who is involved in the law of Scotland, judge, academic and practitioner, owes TB an immense debt: this book explains why. A very full appraisal of [Sir Thomas Smith's] work and, indeed, the man himself!the individual chapters by eminent writers are gems in their own right! rare and illuminating! So far as current practice is concerned all the chapters in their own way will increase understanding! All of the contributions, too numerous to note, are of the highest order. The volume may easily be commended to all with an interest in Scots law and it must be an essential library purchase. In that this is volume one of a series, the others are eagerly awaited standing the quality of the writing and the elegance of the physical product itself.

Elspeth Reid is Senior Lecturer, School of Law, University of Edinburgh. David Carey Miller is Senior Lecturer in Law at the University of Edinburgh and Analysis Editor of the Edinburgh Law Review