Legal History of Scotland - Origins

Origins

Further information: Scotland in the Early Middle Ages

The nature of Scots law before the 11th century is largely speculative but likely was a mixture of different legal traditions representing the different cultures inhabiting the land at the time, including Celtic, Welsh, Irish, Norse and Anglo-Saxon customs. It is difficult to say with any certainty to what degree contemporary Scots law still incorporates these customary sources. There is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Celtic custom, contrary to Catholic religious principles. The formation of the Kingdom of Scotland and its subjugation of the surrounding cultures, completed with the Battle of Carham, established what is approximately the boundaries of contemporary mainland Scotland. The Outer Hebrides were added after the Battle of Largs in 1263 and the Northern Isles were acquired in 1469, completing what is today the legal jurisdiction of Scotland.

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