Culture of Scotland - Scots Law

Scots Law

Scotland retains Scots Law, its own unique legal system, based on Roman law, which combines features of both civil law and common law. The terms of union with England specified the retention of separate systems. The barristers called advocates, and the judges of the high court for civil cases are also the judges for the high court for criminal cases. Scots Law differs from England's common law system. Formerly, there were several regional law systems in Scotland, one of which was Udal Law (also called allodail or odal law) in Shetland and Orkney. This was a direct descendant of Old Norse Law, but was abolished in 1611 . Despite this, Scottish courts have acknowledged the supremacy of udal law in some property cases as recently as the 1990s. There is a movement to restore udal law to the islands as part of a devolution of power from Edinburgh to Shetland and Orkney. Various systems based on common Celtic Law also survived in the Highlands until the 1800s.

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