John W Cairns
Biographic Data
| ID | 5201754 |
|---|---|
| NAME | John W Cairns |
| GIVEN NAMES | John W |
| FAMILY NAME | Cairns |
| SIGNATURE | CAIRNS J W |
| AFFILIATIONS | University of Edinburgh |
| VERIFIED | No |
| TOTAL WORKS | 31 |
| TOTAL CITATIONS | 14 |
| AUTHOR COUNT | 30 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1984 |
| LATEST PUBLICATION YEAR | 2019 |
| H-INDEX | 2 |
The de la Vergne Volume and the Digest of 1808
The letters
John Millar’s theses for admission as an advocate
Millar’s theses were written as part of his examinations in law before the Faculty of Advocates to test his fitness to become an advocate. To understand their nature and function, it is important t
John Millar’s theses for admission as an advocate
The letters of John Millar
An elegant legal education: The studies of Charles Binning, a Scottish pupil of Cornelis van Eck
This article considers the influence of legal education based on the Dutch tradition of legal humanism on a Scottish student of the late seventeenth-century. An annotated textbook retained by Charles Binning contains notes from his studies with the Utrecht professor Cornelis van Eck and provides evidence for Van Eck’s teaching practices. Their education abroad equipped Scottish legal students for the professional, intellectual and cultural lives …
After Somerset: The Scottish Experience
The Scottish evidence examined here demonstrates the power of the popular understanding that, in Somerset's Case (1772), Lord Mansfield had freed the slaves, and shows how the rapid spread of this view through newspapers, magazines, and more personal communications, encouraged those held as slaves in Scotland to believe that Lord Mansfield had freed them – at least if they reached England
The Creation of the Ius CommuneFrom Casus to Regula
Introduction: Themes and Context (Cairns and Du Plessis) 1. An Introduction to the Interpretation of Legal Technicalities (Bezemer) 2. The Citation and the Ius Commune (Helmholz) 3. Medieval Family Law (Waelkens) 4. Legal Reasoning in Contract and Delict (Gordley) 5. The Buyer's Remedy for Latent Defects (Hallebeek) 6. Commercial Law (Ernst) 7. The Law of Unjustified Enrichment (Schrage/Dondorp) 8. The Law of Succession (Ryan) 9. The Roman Law of…
The Creation of the Ius Commune: From Casus to Regula
Studies the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100-1400This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in Engli…
Creation of the Lus Commune: From Casus to Regula
The Creation Of The Ius Commune From Casus To Regula
Introduction: Themes and Literature
This introductory chapter begins with a brief description of John Crook's book, Law and Life of Rome (1967) and how it inspired a small number of ancient historians to appreciate the value of a broader, more interdisciplinary, approach, which places the study of the law of the Roman Empire within various other academic disciplines such as legal history, ancient history, classics, and patristic studies. An overview of the subsequent chapters is al…
Beyond Dogmatics: Law and Society in the Roman World
Beyond DogmaticsLaw and Society in the Roman World: Law and Society in the Roman World (Edinburgh Studies in Law)
CONTENTS Preface List of Contributors List of Abbreviations DEBATES AND CONTEXTS Introduction: Themes and Literature J . Cairns and P J du Plessis 1 Law and Society A Watson LAW AND EMPIRE 2 Legal Pluralism and the Roman Empires K Tuori 3 Diplomatics, Law and Romanization in the Documents from the Judaean Desert E A Meyer LAW CODES AND CODIFICATION 4 Roman Law Codes and the Roman Legal Tradition J Harries 5 Diocletian and the Efficacy of Public L…
The Common Law Tradition: Lawyers, Books and the Law, J. H. Baker
Journal Article The Common Law Tradition: Lawyers, Books and the Law, J. H. Baker Get access John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 116, Issue 465, February 2001, Pages 202–203, https://doi.org/10.1093/ehr/116.465.202 Published: 01 February 2001
Thomas Craig, Sir Martin Wright, and Sir William Blackstone: The English Discovery of Feudalism
F.W. Maitland claimed that Sir Martin Wright propagated among English lawyers the view that English law had a feudal origin and was part of a European family of law and that Wright's opinions were popularized by Blackstone. This article demonstrates that Wright's opinions on feudal law, its history, and its impact on English law owed a considerable amount to the Scottish author Thomas Craig, who, through Wright, Blackstone, and others, as well as…
Legal Consulting in the Civil Law Tradition Mario Ascheri, Ingrid Baumgartner, and Julius Kirshner
Journal Article Legal Consulting in the Civil Law Tradition Mario Ascheri, Ingrid Baumgärtner, and Julius Kirshner Get access John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 464, November 2000, Pages 1285–1286, https://doi.org/10.1093/ehr/115.464.1285-a Published: 01 November 2000
Advocates’ Hats, Roman Law and Admission to the Scots Bar, 1580–1812
The final ceremony for admission as an advocate before the College of Justice in Scotland formerly was the delivery of a speech in Latin on a text of the Corpus iuris civilis from a corner of the bench. The intrant advocate wore a hat for this ceremony. This article discusses the procedures for admission as an advocate to argue that the ritual of wearing a hat had a symbolic meaning central to the aspirations of the Faculty of Advocates. Eventual…
The noose hidden under flowers: Marriage and law in Saint Ronan's Well
From 'Speculative' To 'Practical' Legal Education: The Decline of the Glasgow Law School, 1801-1830
The Law, the Advocates and the Universities in Late Sixteenth-Century Scotland
Some seventy years ago, W. C. Dickinson drew attention in this journal to a document in what is now the British Library (MS Additional 33531, folios 207-8) that, he argued, explained the failure of the project initiated on 16 January 1589 by the Lords of Council and Session to found a chair in law in the university of Edinburgh.1 This unsuccessful attempt had been noticed in the standard histories of the university, but no satisfactory explanatio…
The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century
Journal Article The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century Get access Oldham James. The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century. 2 volumes. Chapel Hill, NC: University of North Carolina Press, 1992. Approx. 1728 pp. $150.00. John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar American Journal of L…
The Teaching of Roman Law in England around 1200
Journal Article The Teaching of Roman Law in England Around 1200 Get access de Zullieta Francis Stein Peter, eds. The Teaching of Roman Law in England Around 1200. London: Selden Society, 1990. lxxxiv, 141 pp. $60.00. John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 38, Issue 1, January 1994, Pages 96–98, https://doi.org/10.2307…
Rhetoric, Language, and Roman Law: Legal Education and Improvement in Eighteenth-Century Scotland
Education in law in the Scottish universities has a continuous history only from the early eighteenth century. In 1707, the regius professorship of public law and the law of nature and nations was founded in Edinburgh, to be followed in 1710 and 1722 by professorships in civil (Roman) and Scots law respectively. In the University of Glasgow, the regius professorship of civil law was established in late 1713 and first filled in 1714. These develop…
Legal humanism in renaissance Scotland∗
(1990). Legal humanism in renaissance Scotland. The Journal of Legal History: Vol. 11, No. 1, pp. 40-69
Beyond DogmaticsLaw and Society in the Roman World: Law and Society in the Roman World (Edinburgh Studies in Law)
CONTENTS Preface List of Contributors List of Abbreviations DEBATES AND CONTEXTS Introduction: Themes and Literature J . Cairns and P J du Plessis 1 Law and Society A Watson LAW AND EMPIRE 2 Legal Pluralism and the Roman Empires K Tuori 3 Diplomatics, Law and Romanization in the Documents from the Judaean Desert E A Meyer LAW CODES AND CODIFICATION 4 Roman Law Codes and the Roman Legal Tradition J Harries 5 Diocletian and the Efficacy of Public L…
Blackstone, The Ancient Constitution and the Feudal Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Rhetoric, Language, and Roman Law: Legal Education and Improvement in Eighteenth-Century Scotland
Education in law in the Scottish universities has a continuous history only from the early eighteenth century. In 1707, the regius professorship of public law and the law of nature and nations was founded in Edinburgh, to be followed in 1710 and 1722 by professorships in civil (Roman) and Scots law respectively. In the University of Glasgow, the regius professorship of civil law was established in late 1713 and first filled in 1714. These develop…
The letters
After Somerset: The Scottish Experience
The Scottish evidence examined here demonstrates the power of the popular understanding that, in Somerset's Case (1772), Lord Mansfield had freed the slaves, and shows how the rapid spread of this view through newspapers, magazines, and more personal communications, encouraged those held as slaves in Scotland to believe that Lord Mansfield had freed them – at least if they reached England
Institutional writings in Scotland reconsidered
(1984). Institutional writings in Scotland reconsidered. The Journal of Legal History: Vol. 4, New Perspectives in Scottish Legal History, pp. 76-117
Tiberius Coruncanius and the spread of knowledge about law in early Rome
Institutional writings in Scotland reconsidered
(1984). Institutional writings in Scotland reconsidered. The Journal of Legal History: Vol. 4, New Perspectives in Scottish Legal History, pp. 76-117
Blackstone, The Ancient Constitution and the Feudal Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Breve Testatum and Craig's Jus Feudale
Unequal Laws unto a Savage Race: European Legal Traditions in Arkansas, 1686-1836
Legal humanism in renaissance Scotland∗
(1990). Legal humanism in renaissance Scotland. The Journal of Legal History: Vol. 11, No. 1, pp. 40-69
Les repetitions de Jacques de Revigny Rechtshistorische Studies, 13
Rhetoric, Language, and Roman Law: Legal Education and Improvement in Eighteenth-Century Scotland
Education in law in the Scottish universities has a continuous history only from the early eighteenth century. In 1707, the regius professorship of public law and the law of nature and nations was founded in Edinburgh, to be followed in 1710 and 1722 by professorships in civil (Roman) and Scots law respectively. In the University of Glasgow, the regius professorship of civil law was established in late 1713 and first filled in 1714. These develop…
From 'Speculative' To 'Practical' Legal Education: The Decline of the Glasgow Law School, 1801-1830
The Law, the Advocates and the Universities in Late Sixteenth-Century Scotland
Some seventy years ago, W. C. Dickinson drew attention in this journal to a document in what is now the British Library (MS Additional 33531, folios 207-8) that, he argued, explained the failure of the project initiated on 16 January 1589 by the Lords of Council and Session to found a chair in law in the university of Edinburgh.1 This unsuccessful attempt had been noticed in the standard histories of the university, but no satisfactory explanatio…
The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century
Journal Article The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century Get access Oldham James. The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century. 2 volumes. Chapel Hill, NC: University of North Carolina Press, 1992. Approx. 1728 pp. $150.00. John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar American Journal of L…
The Teaching of Roman Law in England around 1200
Journal Article The Teaching of Roman Law in England Around 1200 Get access de Zullieta Francis Stein Peter, eds. The Teaching of Roman Law in England Around 1200. London: Selden Society, 1990. lxxxiv, 141 pp. $60.00. John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 38, Issue 1, January 1994, Pages 96–98, https://doi.org/10.2307…
The noose hidden under flowers: Marriage and law in Saint Ronan's Well
Advocates’ Hats, Roman Law and Admission to the Scots Bar, 1580–1812
The final ceremony for admission as an advocate before the College of Justice in Scotland formerly was the delivery of a speech in Latin on a text of the Corpus iuris civilis from a corner of the bench. The intrant advocate wore a hat for this ceremony. This article discusses the procedures for admission as an advocate to argue that the ritual of wearing a hat had a symbolic meaning central to the aspirations of the Faculty of Advocates. Eventual…
Thomas Craig, Sir Martin Wright, and Sir William Blackstone: The English Discovery of Feudalism
F.W. Maitland claimed that Sir Martin Wright propagated among English lawyers the view that English law had a feudal origin and was part of a European family of law and that Wright's opinions were popularized by Blackstone. This article demonstrates that Wright's opinions on feudal law, its history, and its impact on English law owed a considerable amount to the Scottish author Thomas Craig, who, through Wright, Blackstone, and others, as well as…
Legal Consulting in the Civil Law Tradition Mario Ascheri, Ingrid Baumgartner, and Julius Kirshner
Journal Article Legal Consulting in the Civil Law Tradition Mario Ascheri, Ingrid Baumgärtner, and Julius Kirshner Get access John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 464, November 2000, Pages 1285–1286, https://doi.org/10.1093/ehr/115.464.1285-a Published: 01 November 2000
The Common Law Tradition: Lawyers, Books and the Law, J. H. Baker
Journal Article The Common Law Tradition: Lawyers, Books and the Law, J. H. Baker Get access John W. Cairns John W. Cairns University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 116, Issue 465, February 2001, Pages 202–203, https://doi.org/10.1093/ehr/116.465.202 Published: 01 February 2001
Introduction: Themes and Literature
This introductory chapter begins with a brief description of John Crook's book, Law and Life of Rome (1967) and how it inspired a small number of ancient historians to appreciate the value of a broader, more interdisciplinary, approach, which places the study of the law of the Roman Empire within various other academic disciplines such as legal history, ancient history, classics, and patristic studies. An overview of the subsequent chapters is al…
Beyond Dogmatics: Law and Society in the Roman World
Beyond DogmaticsLaw and Society in the Roman World: Law and Society in the Roman World (Edinburgh Studies in Law)
CONTENTS Preface List of Contributors List of Abbreviations DEBATES AND CONTEXTS Introduction: Themes and Literature J . Cairns and P J du Plessis 1 Law and Society A Watson LAW AND EMPIRE 2 Legal Pluralism and the Roman Empires K Tuori 3 Diplomatics, Law and Romanization in the Documents from the Judaean Desert E A Meyer LAW CODES AND CODIFICATION 4 Roman Law Codes and the Roman Legal Tradition J Harries 5 Diocletian and the Efficacy of Public L…
The Creation of the Ius CommuneFrom Casus to Regula
Introduction: Themes and Context (Cairns and Du Plessis) 1. An Introduction to the Interpretation of Legal Technicalities (Bezemer) 2. The Citation and the Ius Commune (Helmholz) 3. Medieval Family Law (Waelkens) 4. Legal Reasoning in Contract and Delict (Gordley) 5. The Buyer's Remedy for Latent Defects (Hallebeek) 6. Commercial Law (Ernst) 7. The Law of Unjustified Enrichment (Schrage/Dondorp) 8. The Law of Succession (Ryan) 9. The Roman Law of…
The Creation of the Ius Commune: From Casus to Regula
Studies the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100-1400This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in Engli…
Creation of the Lus Commune: From Casus to Regula
The Creation Of The Ius Commune From Casus To Regula
After Somerset: The Scottish Experience
The Scottish evidence examined here demonstrates the power of the popular understanding that, in Somerset's Case (1772), Lord Mansfield had freed the slaves, and shows how the rapid spread of this view through newspapers, magazines, and more personal communications, encouraged those held as slaves in Scotland to believe that Lord Mansfield had freed them – at least if they reached England
Political science (25 works) · Law (20 works) · History (19 works) · History (16 works) · Law (16 works) · Sociology (13 works) · Philosophy (12 works) · Classics (10 works) · Classics (9 works) · Legal principles and applications (9 works)