Mixed but Not Codified: The Case of Scotland

  • Elspeth ReidEmail author
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 32)


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.


Scotland Mixed legal system Not codified Civil law and common law traditions 1998 Scotland Act 

Copyright information

© Springer Science+Business Media Dordrecht 2013

Authors and Affiliations

  1. 1.School of LawUniversity of EdinburghEdinburghScotland, UK

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