This thesis has two main themes: that law is of primary importance to Scotland as a nation and to Scottish nationalism and that the distinctiveness of Scots law is threatened by a discernible tendency towards anglicisation or standardisation with English law. The thesis examines the nature of culture and nationalism in general, and in the Scottish context in particular, and discusses the foundational elements of Scotland's nationhood. Law is specifically considered in the latter two contexts. Thereafter, some elements which substantiate the claim of distinctiveness made for Scots law are identified and one view of the mechanisms by which it is becoming anglicised is presented. Finally, justifications for actively pursuing the survival of the Scottish legal system as a distinctive body of norms are outlined and action which could be taken to ensure that survival is discussed.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.22699 |
| Date | January 1995 |
| Creators | McDiarmid, Claire Robertson |
| Contributors | MacDonald, Roderick A. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001453887, proquestno: MM05500, Theses scanned by UMI/ProQuest. |
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