Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/20119
Appears in Collections:History and Politics Journal Articles
Peer Review Status: Refereed
Title: Whigs, Tories and Scottish Legal Reform, c. 1785-1832
Authors: Smyth, James
McKinlay, Alan
Contact Email: j.j.smyth@stir.ac.uk
Issue Date: 2011
Publisher: Droz
Citation: Smyth J & McKinlay A (2011) Whigs, Tories and Scottish Legal Reform, c. 1785-1832, Crime, History and Societies, 15 (1), pp. 111-132.
Abstract: In early nineteenth-century Scotland the debate over political reform occurred alongside a shadow debate over legal reform. On the one side the young Whigs of the Edinburgh Review argued for the adoption of English legal practice, particularly in civil law, as the means to modernise and civilise Scotland. On the other side stood the Tory jurists who responded by defending Scotland's more humane criminal law. Unlike in England, there was no need to repeal the numerous statutes detailing the death penalty, since Scotland had long been used to judge-made law. These debates reveal rival notions not just of legal procedure but also of Scottish identity. Both sides however, were constrained by their own agendas; the Whigs had little option but to ignore England's ‘bloody code', while the Tories could not push their defence of Scots Law as far as questioning the value of the Union of 1707.
Type: Journal Article
URI: http://hdl.handle.net/1893/20119
DOI Link: http://dx.doi.org/10.4000/chs.1246
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This article is freely available at: http://chs.revues.org/1246
Affiliation: History
University of St Andrews

Files in This Item:
File Description SizeFormat 
CHS 2011.pdf177.04 kBAdobe PDFUnder Embargo until 31/12/2999     Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependant on the depositor still being contactable at their original email address.

This item is protected by original copyright



Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

If you believe that any material held in STORRE infringes copyright, please contact library@stir.ac.uk providing details and we will remove the Work from public display in STORRE and investigate your claim.