What are the sources of Scots law?

Scots law is a hybrid legal system containing both civil law and common law elements. It officially recognises four primary sources of law: legislation, legal precedent, specific academic writings, and custom. These sources have developed through a mix of indigenous traditions, feudal law, Roman law, and English legal influences.

What we know

• Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. [2]
• The history of Scots law traces its development from early custom systems to its modern role as one of the three legal jurisdictions of the United Kingdom. [3]
• The majority of legislation affecting Scotland is passed by the Scottish Parliament for devolved matters, while the UK Parliament legislates on reserved matters. [2]
• Early Scots law before the 12th century consisted of different legal traditions from various cultural groups including Gaels, Britons, Anglo-Saxons, and Norse. [2, 3]
• Roman law was partially received into Scots law when it was adopted in court arguments to settle disputes in the absence of a native rule. [2, 3]

Where to go next

• what caused itHow did feudalism shape early Scots law?
• a case in pointHow does corroboration work in Scots criminal law?
• whenWhat is the history of the Scottish Parliament?
• compared withHow does delict function in Scots civil law?
• the bigger pictureWhat are the three legal systems of the United Kingdom?
• an unexpected connectionHow does Scots law maintain alignment with European Union law?Despite the United Kingdom leaving the European Union, the Scottish Parliament passed continuity legislation to empower ministers to keep devolved Scots law aligned with future EU law.

Sources

• [1]Scots law (Wikidata Q1972557) · CC0 1.0
• [2]Scots law · CC BY-SA 4.0
• [3]History of Scots law · CC BY-SA 4.0
• [4]Corroboration in Scots law · CC BY-SA 4.0
• [5]Delict (Scots law) · CC BY-SA 4.0