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The purpose of this thesis is to explore the effect of the changing constitutional relationship between Scotland and England on the Scottish approach to conflicts of law with an English element (i.e., competitions of jurisdiction between Scots and English courts; cases in which both Scots and English law have a claim to application; and recognition and enforcement of English court orders in Scotland). A historical perspective is obtained by brief study of the period prior to parliamentary union. Once united in one political state, the constitutionalising of conflicts, the internalising of conflicts, and the use of international private law rules, are three ways in which conflicts of law within that state might be handled. The extent to which each of these methods has influenced the Scottish approach to intra-UK conflicts, and the effect of devolution on each, is examined. The availability to Scots courts of public policy objections in respect of English law is also investigated. The context of the Anglo-Scottish relationship changed with UK entry into the (now) European Union, and the effect of that on intra-UK conflict rules is considered. The conclusion is that the nature of the constitutional relationship between Scotland and England impacts upon the handling in Scotland of conflicts of law with an English element. The parliamentary union may not have resulted in wide-spread constitutionalisation of conflicts, but there has been a degree of internalisation of conflicts. In general, however, the interaction of the constitutional relationship between Scotland and England and its private law consequences has permitted, indeed sometimes necessitated, the use (in certain areas) of Scottish international private law rules without differentiation between intra-UK, and international, conflicts.

This thesis offers a sociological analysis of authorship and copyright. It analyses how a specific model of authorship (characterised as 'Romantic') has come to form the foundation for understanding copyright even though such an understanding does not have any basis in the original purposes of copyright. This argument is then illustrated with a case study of an area of popular music known as 'bootlegging'. The thesis begins with a discussion of the early history of copyright law. It is argued that, rather than being for the benefit of authors, copyright was initially intended as a means of securing public education. On the basis of this discussion it is argued that copyright is a relationship between three interests - authors, public and publisher - but that the rhetorical uses of authorship prove especially critical for understanding copyright as a social phenomenon. The thesis goes on to investigate why Romanticism and copyright should be so intimately linked, relating copyright to notions of individually and immortality, and what problems this understanding of authorship causes. In particular, it is argued that the public interest, the intended beneficiary of copyright law, has been diminished because of the dominance of Romantic authorship. The thesis then offers some alternative conceptualisations of both creativity and copyright. This argument is then illustrated by a case study of the popular music industry. This section of the thesis begins by examining the dominance of Romantic ideals within rock music ideology and discusses the 'functions' of Romanticism for both the music industry and copyright industries more generally. The case study looks at the phenomenon of bootlegging (the commercial release of live performances and outtakes by individuals other than the rights holders) as an exemplar of the trends under discussion. The case study is structured around the question of why bootlegging is viewed as a problem by the legitimate record industry when it is of minimal economic impact. It is suggested that the answer to this puzzle is that bootlegging poses an explicit challenge to Romantic authorship. However, the thesis concludes that bootlegging not only contests but in its own way also reproduces the Romantic idea of authorship.

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