Introduction to Scots Law

Pre-requisites for enrolment

No previous knowledge is required to participate in this course.

Content of Course

1. History and Development of Scots Law

We will begin by considering what is meant by “law”. We will then explore the history and development of Scots law and key institutions, individuals and events that have influenced the law in Scotland.  We will also examine different views on the role of law and morality in society.

2. Contemporary Sources of Scots Law

We will explore the sources of law in Scotland in more depth, specifically considering the effect of the devolution of powers to the Scottish Parliament in the Scotland Act 1998.  We will explore concepts such as parliamentary sovereignty and then begin to develop skills in reading and understanding legislation.

3. Judicial Precedent and Statutory Interpretation

We will consider the operation of the doctrine of judicial precedent and the principles of statutory interpretation, and ask whether the judiciary exercises powers to “make” law in Scotland.  We will also explore how to understand case citations.

4. Law and Procedure

We will explore the structure of court system in Scotland and its aims. We will then examine the relationship between law and procedure by looking at key differences between civil and criminal procedure.

5. Criminal Law

We will identify key features of criminal law which are unique to Scotland, and critically consider what role these rules and procedures serve in our modern system of justice.

6. Contract and Consumer Law

We will examine the basic elements in the formation of a contract between private individuals, and also consider what civil remedies are available in the event a contract has been breached. We will critically examine the development of consumer protection law and consider to what extent the state will intervene to regulate free contracts by private individuals.

7. Delict

We will consider the basic elements of an action in delict and explore the debate around the imposition by the state of legal liability on private individuals where another individual has suffered harm. We will also examine civil remedies available in delict actions, and consider the adequacy of judicial remedies to redress injury or injustice.

8. Human Rights and European Union Law

We will consider the influence of the Human Rights Act 1998 on Scots law, and also explore aspects of the law of Scotland that are directly shaped by the UK’s membership in the European Union. We will examine recent and controversial Scottish human rights cases, and consider the effect of proposals to withdraw from EU membership or repeal the Human Rights Act 1998 on the law of Scotland.

9. Employment Law

We will examine employment law in Scotland, as a case study for understanding the many different sources of law which contribute to our modern legal landscape. We will explore the life of an employment contract from formation to termination and examine key terms included in these contracts.

10. The Future of Scots Law

We will reflect on our learning throughout the course, and consider options to become qualified as a solicitor or advocate in Scotland. We will conclude by looking at barriers to accessing justice in Scotland, and trying to make some predictions about changes that could transform the Scottish legal landscape.

Teaching method(s)

The course will be taught through lectures and tutor-led discussions.

Learning outcomes

By the end of this course, students should be able to:

• Identify the key sources of law and the legal institutions relevant to practice in Scotland;

• Think critically about the role of institutions, the state and individuals in shaping the law in Scotland;

• Demonstrate an understanding of key areas of law, including criminal, contract, delict, employment and EU and human rights law;

• Frame reasoned legal arguments using case law, legislation and other academic sources; and

• Analyse current issues in politics and society from a legal perspective and engage constructively in debate on current topics in Scots law.

Sources

Core Readings

Essential:

• Ashton, C., 2018. Understanding Scots Law: An Introduction to Scots Law, Procedure and Legal Skills. 3rd ed.  Edinburgh: Thomson/W. Green.

Class Handouts

A range of legal materials and articles on current issues as supplementary materials, as well as handouts designed to facilitate debate and discussion, will be provided in advance of each class. Lecture slides will also be made available.

Queries

If you have questions regarding the course or enrolment, please contact COL Reception at Paterson's Land by email COL@ed.ac.uk or by phone 0131 650 4400.

Student support

If you have a disability, learning difficulty or health condition which may affect your studies, please let us know by ticking the 'specific support needs' box on your course application form. This will allow us to make appropriate adjustments in advance and in accordance with your rights under the Equality Act 2010. For more information please visit the Student Support section of our website.