Mixed but Not Codified: The Case of Scotland

Abstract

In this collection of studies on codification Scotland is an obvious outsider. The Scottish legal system has no Codes – at least not in the sense of comprehensive legislation providing the fundamental structure for the entire legal system. Nonetheless, the civil law survives alongside the common law tradition in Scotland’s mixed legal system. The essential question considered by this essay is therefore how Scotland preserves its civil law as well as its common law character without the support of a civil code. First of all, however, some explanation is required of the nature of the Scottish mix and its historical origins.