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Journal articles on the topic 'Scottish author'
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1
Moskvin, Georgy Vladimirovich. "“Amusing and upsetting” (Narrative interlude in the novel “Princess Mary” – night before the duel." Филология: научные исследования, no. 9 (September 2020): 1–10. http://dx.doi.org/10.7256/2454-0749.2020.9.33774.
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This article explores the questions associated with the latter three days in the novels “Princess Mary” saturated with dramatic events: duel with Grushnitsky, breach in friendship with Dr. Werner, Vera’s departure, farewell to Princess Mary. Special attention is given the text, referred to as narrative interlude, which reflects the night and early morning events before the duel. The text is comprised of a lyrical part (from 2 am on June 17 to Pechorin's exclamation “amusing and upsetting”); the story continues in reminiscences of the hero a month and a half later in a different stylistic reflection. The author examines literary motifs underlying the decision of Lermontov to describe the events of the night before duel using different genre and styles – lyrical confession and novel narration, and believes that one of the key factors for understanding Lermontov’s plot lies in replacement of Walter Scott's novels for Pechorin’s night reading (“The Fortunes of Nigel” with “The Scottish Puritans”). According to the author, the novel “Scottish Puritans” is similar to the finale of “Princess Mary”. For substantiating this thesis,, the article focuses on the original title of the novel – “Old Morality”, translated into French as “The Scottish Puritans” and into Russian – “The Puritans”. It is assumed that the meaning of Scottish title was understandable to Lermontov; thus the author suggests a congenial collocation – "the frail dust". Events of the finale should be comprehended as a purifying catastrophe; its artistic idea meets requirement of the time – describe birth of a Christian person as a new stage of spiritual evolution.
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Korac, Srdjan. "Multinational states: Constitutional challenges: The case of Scotland." Medjunarodni problemi 60, no. 2-3 (2008): 368–400. http://dx.doi.org/10.2298/medjp0803368k.
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The author analyses the major changes to the political ideology and policy platform of the stateless nation's movement in Western European postindustrial states, taking the Scottish National Party as an special example. The analysis starts with the evolution of the Anglo-Scottish relations beginning from the creation of Union of English and Scottish kingdoms by the Act of Union in 1707. Author then presents the contemporary relationship between these two provinces of the United Kingdom. He stresses that since 1990s, the Scottish national movement have been pursuing the 'silent constitutional revolution' of this multinational community, which means using the most of globalization, the European integration process, and the so called devolution, to maximize the autonomy of Scotland within the United Kingdom.
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Fedorova, Tatyana Alexandrovna. "The historical novels of Sir Walter Scott - the substantial factor in the formation of Scottish national identity at the turn of XVIII-XIX centuries." Samara Journal of Science 6, no. 1 (March 1, 2017): 109–13. http://dx.doi.org/10.17816/snv201761205.
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The paper discusses the influence of Walter Scotts historical novels on the formation of national identity of Scotland at the turn of the eighteenth to early nineteenth centuries. In the current geopolitical situation, considering the growing wave of separatism, the relevance of the study of national identity formation process cannot be overemphasized. In the paper the author analyzes the historical preconditions of Scots national consciousness formation. The author also considers characteristics of historical and cultural development of the region. According to the author, James MacPherson and Bishop Percys works were equally important for national disunity overcoming in Scotland and Britain as a whole. Particular attention is drawn to the role of Sir Walter Scott in the process of national revival in Scotland. Such novels as Waverley, Puritans, and Rob Roy introduced the general public with the mental basis of the Scottish people. Having opened national character features and religious foundations of the Scottish worldview for a wide range of readers, the author awakened the interest of the British society to the heritage of Scotland, thereby laying the basis for a successful integration of the two peoples into a single nation. Sir Walter Scott managed to revive national prestige of Scotland that had fallen victim after the signing of Union in 1707.
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McKinstry, Sam, and Marie Fletcher. "THE PERSONAL ACCOUNT BOOKS OF SIR WALTER SCOTT." Accounting Historians Journal 29, no. 2 (December 1, 2002): 59–89. http://dx.doi.org/10.2308/0148-4184.29.2.59.
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This study examines the personal account books of Sir Walter Scott, the world-renowned Scottish author, a topic not explored before by Scott scholars or accounting historians. It sets the account books in the context of Scott's accounting education and experience, which took place at the time of the Scottish Enlightenment, an 18th century movement which saw a great flowering of writings on accountancy in Scotland as well as considerable progress in the arts and sciences. The style, layout and content of the account books is also studied from the point of view of elucidating Scott's domestic financial arrangements and expenditure patterns. These are seen as confirming the insights of Vickery [1998], who posits a liberated role for women such as Mrs Scott in ‘genteel’ households, which Scott's undoubtedly was. The study also establishes that Scott's personal expenditures, and indeed his accounting practices, otherwise conformed to the general patriarchal pattern identified by Davidoff and Hall [1987]. The final part of the article uses what has been discovered about Scott's personal accounting to revisit the question of his financial imprudence (or otherwise) in business. It concludes that Scott's risk-taking in business was not unreasonable, and was informed by his bookkeeping knowledge and practices.
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Pulkkinen, Oili. "Political Bodies as Living Mechanisms in Scottish Political Theory during the Late Eighteenth Century." Contributions to the History of Concepts 5, no. 1 (May 1, 2009): 48–70. http://dx.doi.org/10.1163/187465609x430854.
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Newtonian science and mechanics left an important imprint on the Scottish Enlightenment. Even though the usage of mechanical metaphors, especially that of a “state machine” per se, were rare in Scottish philosophy, its conception of the human, animal and political bodies as mechanisms that function according to regular principles, or laws, helped to shape many of the theories that have now become popular in various fields of Scottish studies. Most research in these fields focus on the conceptions of history related to theories of economic advancement. In this article the author suggests that the theories produced in the Scottish Enlightenment were also nuanced attempts to describe how historical mechanisms operate.
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Yáñez-Bouza, Nuria. "The ‘Glaring’ Place of Prepositions." Historiographia Linguistica 38, no. 3 (October 21, 2011): 255–92. http://dx.doi.org/10.1075/hl.38.3.01yan.
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Summary This paper offers new insights into the 18th-century normative tradition, with special reference to the stigmatisation of preposition stranding. It brings to light the role of Scottish codifiers in contrast to English codifiers: works written by Scots contain more critical comments on the use of end-placed prepositions both quantitatively (in terms of frequency) and qualitatively (more semantic nuances and more condemnatory epithets). The semantic analysis of the data rules out the hypothesis that Scottish authors might have been particularly sensible towards this construction because of its nature as ‘provincial English’ or as a ‘Scotticism’. Rather, the author suggests that it was the ‘New Rhetoric’ movement (1748–1793) in the context of the Scottish Enlightenment that played a vital role in its stigmatisation. The importance of rhetoric as a facet of 18th-century prescriptivism, complementary to grammar, is thus put under the spotlight.
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Lillo, Antonio. "Nae Barr’s Irn-Bru whit ye’re oan aboot." English World-Wide 33, no. 1 (February 13, 2012): 69–102. http://dx.doi.org/10.1075/eww.33.1.04lil.
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Even the most cursory browse through any slang dictionary will immediately reveal that rhyming slang is a highly productive category of word-formation in contemporary British and Australian English. However, because of the inextricable difficulty in tracking what is essentially an oral (and often improvisational) phenomenon, dictionaries have typically overlooked rhyming slang items whose use is restricted to specific geographical areas, especially in Ireland and Scotland. Conceived as a sequel and companion piece to a previous study on Scottish rhyming slang by this author (Lillo 2004b), this article examines the way rhyming slang has thrived in Scotland over the past few years, thereby providing interesting insights into its role in the articulation of Scottish identity and its spread and growth around the anglophone world. While Scottish rhyming slang shows largely the same morphological characteristics as other rhyming slangs, its home-grown flavour is apparent in a significant proportion of its repertoire, which serves as a real marker of national identity and pride among Scots. The final section of the article presents a glossary of Scottish rhyming slang made up for the most part of previously unrecorded items collected by the author.
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Kennedy, Chloë. "“Ungovernable Feelings and Passions”: Common Sense Philosophy and Mental State Defences in Nineteenth Century Scotland." Edinburgh Law Review 20, no. 3 (September 2016): 285–311. http://dx.doi.org/10.3366/elr.2016.0360.
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During the nineteenth century, changing conceptions of mental disorder had profound implications for the way that criminal responsibility was conceived. As medical writers and practitioners increasingly drew attention to the complexities of insanity, the grounds on which mentally abnormal offenders could be excused began to seem unduly restrictive. By way of a contribution to our understanding of this development, this article examines how the growing disparity unfolded in Scotland. The author argues that the requirements of the insanity defence, as set out within judicial directions, reflect core facets of Scottish Common Sense philosophical thought, including Thomas Reid's view of human agency and understanding of ‘common sense’. Building on this contention, the author suggests that Scottish Common Sense philosophy played an important role in the development of Scottish mental state defences more broadly, and can provide an original interpretation of the way the doctrines of provocation and diminished responsibility changed during this era.
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Grabevnik, Mikhail. "European identity of Scotland in the context of Brexit." Political Science (RU), no. 4 (2020): 157–77. http://dx.doi.org/10.31249/poln/2020.04.08.
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The withdrawal of the United Kingdom from the European Union focused the issue of cleavage of British statehood by European criteria. According to the results of sociological surveys and polls, the distribution of preferences of Brexit is correlated with the national identification matrix. Most Scots and Irish of United Kingdom support remaining the membership in the European Union, while the most English defend soft or hard Brexit. However, the depth of such cleavage underlines the uncertainty in the preferences of citizens who identify as British in general. In the context of the United Kingdom's withdrawal from the European Union, the question of the European identity of Scots was also underlines by Scotland's regional political actors. This article is aimed to the analysis of the dynamics of the European identity of the Scottish community in 2016–2020 under Brexit conditions. The author concludes that the share of Scots with European identities increased after 2016, and Brexit was a key factor in the dynamics. At the same time, the actualization of European identity among the Scottish community is connected with the pragmatic strategy of the Scottish community and regional political actors to neutralize the negative economic and social effects of Brexit and plays an instrumental role in the national and European political arenas. The article starts with an excursion to the issues of national identity in the modern United Kingdom in the studies of Western and Russian authors. Then, based on an analysis of sociological data, the question of the European identity of Scots was raised, as well as the role of the national identity of United Kingdom citizens in the issue of membership in the European Union. At the end of the article, author proposes the description of the position and strategy of the Scottish community on the issue of Brexit.
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Harris, Scarlet. "Muslims in Scotland: integrationism, state racism and the ‘Scottish dream’." Race & Class 60, no. 2 (August 30, 2018): 114–19. http://dx.doi.org/10.1177/0306396818793583.
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Historically, Scotland has sustained a remarkable level of avoidance in regards to discussions of race and racism, and analysis of Islamophobia in Scotland has been very limited. A recent book (one of only a few) which takes the Scottish Muslim community as its focus is Stefano Bonino’s Muslims in Scotland: the making of community in a post-9/11 world. But, the author argues, it obscures institutional racism and leads to dangerous conclusions. By relying on a number of assumptions and misunderstandings about ‘integration’, racism and ‘Scottishness’, Bonino ignores structural factors of institutional racism. The author sets Muslims in Scotland against more trenchant critiques of Scottish racism, arguing its conclusions are symptomatic of wider framed narratives that circulate within Scotland, situating the book in a broader discussion of questions relating to the reality of racism and anti-racism in Scotland.
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Scullion, Adrienne. "Self and Nation: Issues of Identity in Modern Scottish Drama by Women." New Theatre Quarterly 17, no. 4 (November 2001): 373–90. http://dx.doi.org/10.1017/s0266464x00015001.
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The creation of the devolved Scottish parliament in 1999, argues Adrienne Scullion, has the potential to change everything that has been understood and imagined or thought and speculated about Scotland. The devolved parliament shifts the governance of the country, resets financial provisions and socio-economic management, recreates Scottish politics and Scottish society – and affects how Scotland is represented and imagined by artists of all kinds. The radical context of devolution should also afford Scottish criticism an unprecedented opportunity to rethink its more rigid paradigms and structures. Specifically, this article questions what impact political devolution might have on the rhetoric of Scottish cultural criticism by paralleling feminist analysis of three plays by women premiered in Scotland in 2000 with the flexible, even hybrid, model of the nation afford by devolution, resetting identity within Scottish culture as much less predictable and much more inclusive than has previously been understood. An earlier versions was delivered by the author on 5 March 2001 to the Royal Society of Edinburgh in receipt of the biennial RSE/BP Prize Lectureship in the Humanities. Adrienne Scullion teaches in the Department of Theatre, Film and Television Studies at the University of Glasgow, where she is also the academic director of the Centre for Cultural Policy Research.
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McCalman, J. "Setting up in Silicon Glen: Inward Investment and Implications for Spin-off and Supplier Linkages." Environment and Planning C: Government and Policy 10, no. 4 (December 1992): 423–38. http://dx.doi.org/10.1068/c100423.
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In this paper the current state of development in the electronics industry and the impact that foreign investment has on peripheral economies are examined. With the Scottish electronics industry as an example, the likely impact on the growth of indigenous firms from Japanese and US investment is explored. The author argues in favour of a more direct policy role for government in assisting the establishment of growth in spin-off indigenous firms from the foreign subsidiary base currently present in the Scottish electronics industry.
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Stoliarova, A. G. "REGIONAL DEVELOPMENT OF A POETICAL TRADITION: FOREIGN INCLUSIONS AS A LITERARY DEVICE (stylistic aspect)." Bulletin of Udmurt University. Series History and Philology 30, no. 6 (December 11, 2020): 1008–13. http://dx.doi.org/10.35634/2412-9534-2020-30-6-1008-1013.
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Scottish alliterative poetry, which can be regarded as a regional variety and at the same time the final step in the evolution of the alliterative tradition in England and Scotland, was composed in the second half of the 15th century, the period that marked the gradual decline of the tradition. In Scotland the alliterative verse was mainly employed for ironic or satirical purpose. The Buke of Howlat by Richard Holland, the earliest Scottish poem, can provide an example of using alliterative style in allegory and parody. The paper deals with how elements of a foreign language, as well as imitation of foreign speech can be employed as a literary device. By means of abracadabra, imitating the sounding of Scottish Gaelic, parody of Seanchas, or Gaelic genealogy, and the wrong transmission of Gaelic terms of poetry, the author creates a caricature on a Gaelic poet and the ancient oral Celtic poetical tradition, which was unjustly neglected by early Scottish writers.
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Khavronich, Alina Alekseevna. "Archaisms in D. Lyndsay’s play of the Early Modern English period “A Satire of the Three Estates”: problem of identification and stylistic assessment." Litera, no. 9 (September 2020): 11–19. http://dx.doi.org/10.25136/2409-8698.2020.9.33435.
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The subject of this research is the method of identification and problem of statistical interpretation of archaic lexis in literary texts of the Early Modern English period, namely in D. Lyndsay’s play “A Satire of the Three Estates”. The article discusses the capacity of attracting the data from diachronic corpus and corpus-based dictionaries for determination of archaic elements in literary works of the XVI century. Leaning on the commentaries of reputable philologists of the Early Modern English period and modern research, the article explores the trends of relevant perception pertaining to introduction of archaisms into the literary text by the authors of that time. An algorithm is proposed for identification of outdated units in literary material, created on Scottish (considering the obsolescent character of this dialect), based on juxtaposition of the approximate frequency indexes of reproduction of the element in the Early Modern English and Scottish sections of Helsinki corpus, as well as data from the corpus-based dictionaries of Middle English and Scottish. For stylistic assessment of archaisms in the play of D. Lyndsay, the author applies the method of linguo-stylistic analysis, in which linguistic element is viewed from the contextual perspective. The scientific novelty is substantiated by the fact that for solution of the problem of analysis of archaisms in the texts of Early Modern English period, the author elaborates an algorithm that allows clarifying if a unit is obsolescent in a specific moment of development of the English language. It is established that the prevalent proportion of words in Lyndsay’s play was not archaic within the framework of Scottish dialect; and only few of the involved units were outdated at the moment of creation of text in the standard Early Modern English. The archaisms determined in the play allows stating the Lyndsay considered archaisms a part of elevated lexis. The practical values of this work is defined by the possibility to apply the proposed algorithm for detecting archaisms in any literary text of the Early Modern English period, as well as conduct stylistic assessment of archaisms from the perspective of the trends of their perception by the authors of the XVI century.
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Fraser, S., and C. Ayres. "The Doctor's Casebook – A Process of Discovery." Scottish Medical Journal 54, no. 3 (August 2009): 36–41. http://dx.doi.org/10.1258/rsmsmj.54.3.36.
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Background and Aims A bound manuscript describing the medical cases seen by a mid-eighteenth century Scottish doctor was discovered in the possession of the first author's family. The identity of the doctor is not revealed in the book. The aims were to identify the doctor and understand the significance of this book in the context of Scottish medical history of that period. Methods The process of investigation involved transcribing the book in order to undertake detailed study of the text, with particular focus on style of writing, location, and the names of patients and doctors mentioned. This information was then used in searches of the Wellcome Library for the History and Understanding of Medicine, London and the Department of Special Libraries and Archives of the University of Aberdeen as well as searches of the internet. Results The author was discovered to be a doctor working in Aberdeenshire in the middle of the eighteenth century. His style of writing suggests an educational purpose, with a particular interest in midwifery, and evidence of teaching midwifery techniques to students. He associated with other prominent local doctors of the time and was aware of the current thinking being put forward by his contemporaries. He had a particular association with Dr John Gregory, with whom he not only worked, but whose extended family he also treated. Conclusions The author of this casebook was identified as Dr David Skene, and this adds to our knowledge of this important figure of the Scottish Enlightenment who had a particular interest in midwifery and campaigned for the proper instruction of midwives
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Dossena, Marina. "Vocative and diminutive forms in Robert Louis Stevenson’s fiction: A corpus-based study." International Journal of English Studies 12, no. 2 (December 1, 2012): 1. http://dx.doi.org/10.6018/ijes/2012/2/161721.
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This paper takes a corpus-based approach to the study of vocative and diminutive forms in the prose fiction and drama of the Scottish author Robert Louis Stevenson. In such texts, the coexistence, and indeed the coalescence, of Scots and (Scottish Standard) English is one of the most important traits in their author’s distinctive style. The aim is to assess whether the use of diminutive forms together with vocative ones may constitute a syntactic unit in which semantic and pragmatic values are mutually reinforced. In addition to a specially-compiled corpus of Stevenson’s texts, the investigation will consider occurrences of the same structure in the imaginative prose section of the <em>Corpus of Modern Scottish Writing</em>, which will be used as a control corpus.
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Reva, Ksenia S. "‘The Community of the Realm’ in the Late XIII Century: on Formalization of the Parliament in Medieval Scotland." Izvestiya of Saratov University. New Series. Series: History. International Relations 20, no. 4 (December 21, 2020): 490–96. http://dx.doi.org/10.18500/1819-4907-2020-20-4-490-496.
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The article is dedicated to consideration of the Scottish parliamentary statutes and circumstances surrounding their enacting from the death of Alexander III of Scotland to the end of the initial period of the First War of Scottish Independence. Reference to the issue on the emergence of the parliament in Scotland required a distinct coverage of the history of the colloquium in 1235– 1286. The evaluation of class assembly role in the prominent political events of that time as well as perspectives of historians on the beginning of the history of the Scottish parliament are given in the paper. The author comes to the conclusion that despite the fact that the mention of the parliament could be traced to 1235, the late XIII century became a decisive stage of its development.
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KOROLEV, Yu A. "A MASONIC ARTIFACT IN OREL: THE FEATURES OF ONE RELIGIOUS STUDY." JOURNAL OF PUBLIC AND MUNICIPAL ADMINISTRATION 9, no. 3 (2020): 101–10. http://dx.doi.org/10.22394/2225-8272-2020-9-3-101-110.
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The purpose of the article is to present the results of a preliminary religious and historical-cultural study of the band with Masonic symbols from the collection of famous Orel collector P. Based on the analysis of the Masonic symbols placed on the band, the author defines this artifact as part of the ritual vestment of a Mason of the 33-rd degree of dedication of the Scottish Charter of the Southern Jurisdiction of the United States and establishes its approximate dating. After a brief review of the history of this Masonic organization a hypothesis is put forward that this item belongs to specific individuals from among the leaders of the Scottish Charter of the United States. At the same time the author draws attention to cultural-historical and collectible value of this artifact and points out the desirability of conducting a comprehensive scientific examination.
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Carver, Martin. "Early Scottish Monasteries and Prehistory: A Preliminary Dialogue." Scottish Historical Review 88, no. 2 (October 2009): 332–51. http://dx.doi.org/10.3366/e0036924109000894.
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Reflecting on the diversity of monastic attributes found in the east and west of Britain, the author proposes that prehistoric ritual practice was influential on monastic form. An argument is advanced that this was not based solely on inspiration from the landscape, nor on conservative tradition, but on the intellectual reconciliation of Christian and non-Christian ideas, with disparate results that account for the differences in monumentality. Among more general matters tentatively credited with a prehistoric root are the cult of relics, the tonsure and the date of Easter.
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Sahlén, Daniel. "Introduction: Archaeological theory and Scottish archaeology in practice." Scottish Archaeological Journal 33, no. 1-2 (October 2011): 1–5. http://dx.doi.org/10.3366/saj.2011.0020.
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This is an introduction to the publication of the papers from STAG. It discusses current trends in archaeological theory, in relation to Scottish archaeology and the background to the conference. Archaeological theory has according to the author changed in recent years to a more practical applicable discourse with a widespread use of archaeological theories developed in the main course of an Anglo-American theoretical archaeology and theory in social sciences more generally. Archaeological theory in Scotland is today well established, but often uses isolated theoretical notions and the absence of a wider theoretical dialogue is apparent.
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Szuba, Monika. "From The Adoption Papers to Fiere: Jackie Kay's Writing and Scottish Multiculturalism." Tekstualia 4, no. 51 (December 19, 2017): 75–86. http://dx.doi.org/10.5604/01.3001.0013.3549.
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The essay discusses Jackie Kay’s writing in the context of her complex Scottish-Nigerian identity. Despite the marginalisation in terms of race, ethnic origin, sexuality which she describes in her texts, she has not only become a mainstream author but was also appointed as the Makar, the National Poet for Scotland in 2016. Thus the essay seeks to situate Kay in contemporary Scottish culture, which has moved to a high appreciation of voices coming from the margins. It focuses on the role that Kay has played in reinventing Scotland, a nation rapidly losing its recent homogeneity, where the peripheral has moved towards the centre. Furthermore, it examines the representations of ethnicity in Kay’s works and to explore the powerful theme of identity and difference in Scottish society refl ected in her work, demonstrating how the cultural identity represented in her writing involves being both inside and outside Scotland.
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Campbell, Duncan B. "A NOTE ON THE BATTLE OF MONS GRAUPIUS." Classical Quarterly 65, no. 1 (April 2, 2015): 407–10. http://dx.doi.org/10.1017/s0009838814000743.
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A recent book about Agricola's conquest of Scotland presents a Scottish historian's take on a subject that has been dominated by archaeologists: the whereabouts of Mons Graupius, the scene of Agricola's final battle. Unfortunately, in confidently locating it in Perthshire, author James Fraser builds his case on shaky foundations.
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Szymura, Mateusz. "„Spoliatus ante omnia restituendus est. Spuilzie” jako szkocka metoda restytucji utraconego posiadania." Prawo 325 (December 31, 2018): 121–43. http://dx.doi.org/10.19195/0524-4544.325.6.
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Spoliatus ante omnia restituendus est. Spuilzie as a Scottish method of restitution of lost propertyThe author of the study tries to answer the question about the theory of the nature of possession in Scottish jurisprudence on the basis of the existing model of possessory protection. To this end he analyses spuilzie — a Scottish remedy to seek restitution, popular especially in the 17th and 18th centuries.He presents the views of the most important Scottish jurists, regarded as institutional writers of the day: James Dalrymple, Viscount of Stair; Andrew MacDougall, Lord Bankton; and John Erskine of Carnock. In addition, he presents the case law of Scotland’s Supreme Court Court of Session concerning the subject matter in question.The problems analysed by the author are as follows: the origins and ways of defining the legal basis of the remedy, its legal nature, capacity to sue, separate procedures and forms of defence employed by the sued party in spuilzie cases.Spoliatus ante omnia restituendes est.Spuilzie als schottische Methode der Restitution des entgangenen BesitzesIn der Bearbeitung wurde versucht, die Frage nach der führenden Theorie in der schottischen Rechtslehre für die Entscheidung über die Natur des Besitzes, gestützt auf das geltende Modell des possessorischen Schutzes, zu beantworten. Zu diesem Ziel wurde die spuilzie — schottische Restitutionsklage analysiert, die besonders populär im 17. und 18. Jahrhundert gewesen ist.In dem Aufsatz wurden die Ansichten der führenden Rechtsautoritäten präsentièrt. Gemeint sind hier die als institutionelle Schreiber institutional writers anerkannten: der Viscount von Stair — James Dalrymple, der Lord Bankton — Andrew MacDouall sowie John Erskine aus Carnock. Es wurde auch die führende Rechtsprechung des schottischen Obersten Gerichtes Sessionsgericht in diesem Bereich vorgestellt.Die Erwägungen wurden aufgrund folgender Problematik geführt: Genesis und Art der Definierung der rechtlichen Grundlagen der Klage und ihres rechtlichen Charakters, der Klagebefugnis, der im Rahmen der Verfahren wegen spuilzie bestehender Verfahrensbesonderheiten und der durch den Beklagten präsentierten Verteidigungsformen.
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Gao, Bingying. "Narrowing the Attainment Gap through Parental Engagement." Review of Educational Theory 3, no. 3 (July 21, 2020): 96. http://dx.doi.org/10.30564/ret.v3i3.1879.
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Based on the selected policy of Scotland Delivering Excellence and Equity in Scottish Education (2016a) with its context in related concepts and literature support. This essay will focus on the engagement of parents as a part of narrowing the attainment gap with socio- economic and political factors and what is provided by schools to promote social commitment and achieving equity during the Scottish education process. Critically analysis and reflection of the policy implementation and the way to look forward. As for the main part, the author explains what attainment and attainment gap is, the aim of the policy and discusses the reasonable of the policy through offered evidence. Following the interpretation of “policy as discourse” approach, and whereby how will the Scottish Government and Education Scotland support children and families to closing the attainment gap in this policy. The theory of the forms of social justice will be addressed in this policy. For example, equity, redistribution, recognition, capabilities. After that, the challenges and struggles of the policy implementation will be indicated. Connecting with the practitioner's current situation and concentrates on the relevant skills that will be improved, applied as a practitioner for professional development and the way to cooperate with children’s parents in the context of early years setting. That is why this policy was chosen by the author. Finally, a conclusion with the critical points of the significance of parental involvement during the process of closing the attainment gap will be offered.
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Morton, Graeme. "The Social Memory of Jane Porter and her Scottish Chiefs." Scottish Historical Review 91, no. 2 (October 2012): 311–35. http://dx.doi.org/10.3366/shr.2012.0104.
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Formed within the interplay of history, culture and cognition, the concept of social memory is introduced to evaluate a key element of Scotland's nineteenth-century national tale. Being never more than partially captured by state and monarchy, and only imperfectly carried by institutions and groups, the national tale has comprised a number of narratives. Within the post-Union fluidity of Scotland's place within Britain, and at a time of European conflict, this tale coalesced around social memories of the mediaeval patriot William Wallace. Distinctive to that process was the historical romance The Scottish Chiefs (1810), as it was merged with the public life of its author, Jane Porter (bap. 1776–1850). By situating this fictional account of the life of Wallace within the social memories of its author, and in society more widely, attention is directed towards a set of stories formed in Porter's own cognition. These living memories were forged in her childhood experiences of a new life in Scotland; her claim to have pioneered the historical novel, confirmed by her friend Walter Scott; her personal, familial, and fictional projections of her public self; and in how contemporaries returned to her, and made known to society, their reception of her personality, her deportment, and her fiction. It was in combination that a leading social memory of the nation's tale was formed out of living memory that could not have transcended time and place.
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Johnston, Bill. "Ageing and information: The Scottish older people’s movement." Library and Information Research 40, no. 123 (December 13, 2016): 4–13. http://dx.doi.org/10.29173/lirg742.
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The author’s role as the chair of a charity – Scottish Senior’s Alliance (SSA), provides insights into the need for Scotland to further develop information resources and services relevant to ageing and older peoples needs, and to design systems to make that information accessible to: policy makers; service providers; media organisations; older people’s organisations; and older people. The author’s perspective is of an insider in the context of a notional ‘older people’s movement’ committed to improving the circumstances, experiences and capacity of older people to sustain themselves and contribute to their communities. The author also has a long-standing academic interest in teaching, researching and advocating for Information Literacy.
Themes include: trends in ageing populations; socio economic changes and policy challenges; portrayal of older people in the media. Proposals include: development of Information Literacy (IL) in relation older people; aligning IL developments to a politically strategic approach to ageing and older people’s interests in Scotland.
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Gouron, André. "A twelfth century Scottish treatise : the ordo 'Ulpianus de edendo'." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 78, no. 1-2 (2010): 1–13. http://dx.doi.org/10.1163/157181910x487297.
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AbstractThe treatise on procedure Ulpianus de edendo was written between 1168 and 1185. Its author was a Scottish churchman who also made the formulary, given by the ms. London, Brit. Libr., Harley 2355, for a lawyer in a case of a pars ecclesiae. The work borrows from Placentinus' Summa Codicis, but not by purely mechanical ways. Its style is clear, always logical, and often axiomatic, far from Bolognese traditions. The glosses, as furnished by several manuscripts, support the hypothesis of influences of the Ulpianus among English writings, maybe from the Lincoln school.
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Moore, P. G. "Gilbert Dempster Fisher (1906–1985): the BBC's “Hut Man”, Scottish naturalist, children's author and radio broadcaster." Archives of Natural History 42, no. 2 (October 2015): 344–54. http://dx.doi.org/10.3366/anh.2015.0317.
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As the BBC's “Hut Man”, Gilbert Dempster Fisher was a pioneer of radio broadcasting for children in Scotland in the 1940s and 1950s. Also a successful author of children's books on natural history, he based both his writings and his broadcasts on his observations of the wildlife that surrounded his isolated hut near Lochwinnoch, Renfrewshire. Devoted to pedagogy, he established “The Hut-Man's Club” for children in the late 1930s and was foremost in the encouragement of natural history in Scottish schools. He also wrote poetry for young children and, from 1947 to 1950, he produced The children's magazine. During the last decade of his “Hut life” he was engaged by Scottish local education authorities to speak in schools and residential camps about nature study, captivating children with his “Hut Man” tales. He also engaged with teachers to help them deliver natural history lessons, writing a comprehensive guide book on the subject. The teacher-training authorities, however, failed to capitalize on his vision of nature study within the school curriculum. Disillusioned by their intransigence and faced with local environmental degradation of the Hut Country and inappropriate housing development locally, he moved east. In 1956 he was appointed Director-Secretary of the Royal Zoological Society of Scotland administering Edinburgh Zoo. This paper concentrates on his “Hut Man” career as an author and radio presenter; the communication of natural history being its central theme, at a time when radio was becoming a popular medium of mass communication.
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McAulay, Karen E. "Sexy bibliography (and revealing paratext)." Library Review 64, no. 1/2 (February 2, 2015): 154–61. http://dx.doi.org/10.1108/lr-09-2014-0104.
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Purpose – This paper aims to explore the advantages of applying best pedagogical practice to library-based teaching, using targeted content in order to contextualise the teaching within a performing arts curriculum. The author, dual-qualified in music and librarianship, is responsible for providing library user education and instructing readers in the use of electronic resources, literature review, related research and bibliographic skills and Scottish songbook history in a performing arts institution. A recent opportunity to take a short course, The Teaching Artist, prompted the author to re-examine her approach to such library-based teaching. Her observations arise from the reflective practice that was a core component of The Teaching Artist course. Design/methodology/approach – The main focus of this concept paper is a consideration of best pedagogical practice, and a discussion of how best to embed it in a curriculum designed for performers and other creative artists. Turning from a role as a bibliographic instructor to that as an academic adjunct, the author addresses similar pedagogical issues in a session on Scottish songbooks, which is delivered each year to second-year undergraduates. Findings – The author wrote a paper on user education for a librarianship journal in 1991. The present paper reflects upon the discernible differences in approach between then and now, and finds that gaining pedagogical expertise has enabled significant improvements. Originality/value – There is comparatively little published about user education in music libraries, about pedagogical training for librarians working in this field, or about scholar-librarians availing themselves of suitable training to improve their delivery of academic course components.
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Giulianotti, Richard. "Participant Observation and Research into Football Hooliganism: Reflections on the Problems of Entrée and Everyday Risks." Sociology of Sport Journal 12, no. 1 (March 1995): 1–20. http://dx.doi.org/10.1123/ssj.12.1.1.
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This paper discusses the author’s fieldwork experiences while initiating and undertaking substantive participant observation research with two rival groups of Scottish football hooligans (“football casuals”). Key problems examined are those that emerge from attempted entrée into the hooligan subcultures and the everyday risks of comparative research with violent fans. The author provides regular illustrations to highlight how dangers such as the researcher’s personal characteristics, lack of guiding sociological literature, and interaction with police officers can threaten the urban ethnographic project. The resultant ambivalence of some research subjects toward the author is interpreted as one reason for minimizing the prospect of his “going native.”
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Beattie-Smith, Gillian. "Dorothy Wordsworth: Tours of Scotland, 1803 and 1822." Northern Scotland 10, no. 1 (May 2019): 20–40. http://dx.doi.org/10.3366/nor.2019.0167.
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Dorothy Wordsworth's name, writing, and identity as an author are frequently subsumed in the plural of ‘The Wordsworths’, in her relationship as the sister of the poet, William Wordsworth. But Dorothy was a Romantic author in her own right. She wrote poetry, narratives, and journals. Nine of her journals have been published. In 1803, and again in 1822, she toured Scotland and recorded her journeys in Recollections of a Tour made in Scotland and Journal of My Second Tour in Scotland. This article considers Dorothy's two Scottish journals. It discusses them in the light of historical and literary contexts, and places of memorial.
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Hardman, Jonathan. "Further Legal Determinants of External Finance in Scotland: An Intra-UK Market for Incorporation?" Edinburgh Law Review 25, no. 2 (May 2021): 192–214. http://dx.doi.org/10.3366/elr.2021.0694.
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Previously in this journal the author reviewed Scots law's corporate debt finance rules from a transaction cost perspective. Recent research has identified that use of the Scottish corporate vehicle has significantly dropped for companies listing on the London Stock Exchange, even for those companies with headquarters in Scotland. This article explores whether this could be said to be caused by differences in company law rules between English and Scots law. It identifies that there are low transaction cost differences when it comes to known differences, but that Scots law is at a disadvantage when it comes to implicit differences (for example, the nature of a share) and uncertain company law differences from English law (for example, whether the Duomatic principle, or any other equity-based English company law principle, applies under Scots law). The framework for a market for company law exists intra-UK. As such, it seems possible that the reduction in use of the Scottish form arises because of higher transaction costs when using the Scottish form. This represents a methodological development for company law more generally – an atomisation approach, distilling company law into its component private law aspects.
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Emerson, Roger L. "Conjectural History and Scottish Philosophers." Historical Papers 19, no. 1 (April 26, 2006): 63–90. http://dx.doi.org/10.7202/030918ar.
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Abstract "Conjectural history" is used here to "denote any rational or naturalistic account of the origins and development of institutions, beliefs or practices not based on documents or copies of documents or other artifacts contemporary (or thought to be contemporary) with the subjects studied." Many recent historians have focused on the apparent emergence within Scotland of a large number of sophisticated conjectural histories around ¡750, and analysed them within the framework of a Marxist-oriented social science. This paper argues that such a perspective is "inappropriate and misguided." If one looks at these works as an outcome of what went before, rather than a forerunner of what came after, they begin to lose their modernistic flavour. Conjectural histories of the Scottish Enlightenment were based essentially on four sources: the Bible and its commentaries, the classics, modern works of philosophy and travel accounts. Each had an influence on the works produced. The parallels between the Biblical and the secular conjectural histories are, for example, instructive and it is clear that no Scottish historian could consistently hold a doctrine of economic deter- minism or historical materialism and still reconcile this position with his Calvinist beliefs. Works such as Lucretius' On the Nature of Things had influenced the con- jectural histories of the Renaissance and continued to be used by the Scots just as they were by the English deists, whose speculations about historical development were also helpful to Scottish writers. Travel accounts provided information concerning mankind at various stages of civilization, but no explanation of the developmental process. While the study of history was a popular pursuit during the Scottish Enlightenment this inte rest followed trends on the continent and elsewhere. Furthermore, an examination of the great works of this period suggests that they were firmly based on the writings of scholars of a generation before. Certainly the leading writers of the "golden age" from roughly 1730 to 1790 gave a more sophisticated, detailed and elaborate treatment cf these ideas, but the sources, problems and concepts which they elucidated were not new. In their analyses, they did not employ historical materialism or economic determinism, though they were undoubtedly more political-economic, dynamic and secular in their attitude. They desired change for Scotland out of a patriotic regard for the comparative backwardness of their country, but the causes and cures for that condition were not fundamentally economic in nature. If these writings are examinedas a unit, and seen in context, the conjectural historians of the Scottish Enlightenment appear to be an understandable outcome of their intellectual milieu. The author supports this conclusion by a close examination of the work of Hume and Smith. This further explicates his theme that a nascent economic determinism was not the impetus for this writing that recent historians have read into these works.
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Krebs, Conrad. "Lead Poisoning and Intelligence: A Search for Cause and Effect in the Scottish Mental Surveys." Journal of Environmental and Public Health 2019 (November 12, 2019): 1–12. http://dx.doi.org/10.1155/2019/8980604.
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In 1932 and again in 1947, the Scottish Council for Research in Education conducted the Scottish Mental Surveys. Testing two cohorts, one in 1932 and another in 1947, researchers set out to measure—using the same validated test each time—the intelligence of every Scottish child 11 years of age. The stated impetus for the Surveys was a fear that average Scottish intelligence was declining. But when investigators compared the results of the 1947 Survey with those from 1932 their predictions were completely upended. Instead of average intelligence declining, it had risen, substantially. The author argues that based on a study of the relevant ecosystems in place in Scotland at the time the increase in intelligence resulted from a decline in lead body burden. There is no evidence that the children were tested for lead. The decline is thought to have closely followed a fall in occupational lead use, a heightened awareness of the dangers of lead-solvency, improvements in lead plumbing in working-class homes, and a national campaign to improve the nutrition of women and children. Evidence shows that milk consumption in Scotland increased sharply, especially among children, beginning in the mid-1930s, just prior to and following the birth of the second cohort. This provided a source of calcium in a diet that had shown signs of deficiency. Evidence also suggests that lead contamination, from lead water pipes and industrial sources, was widely prevalent in Scotland in the early part of the twentieth century.
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Jones, Colin. "A Regional Perspective on the Impact of the Privatisation of the UK Public Industrial Property Stock." Environment and Planning C: Government and Policy 23, no. 1 (February 2005): 123–39. http://dx.doi.org/10.1068/c0417.
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There has been a long tradition, dating back to the 1930s, of promoting regional development in the assisted areas of the United Kingdom through the provision of industrial units. At the end of the 1980s the government decided that the time was then ripe to sell off the publicly owned portfolio of industrial and commercial property, which was predominantly to be found in the peripheral regions of the United Kingdom. The author charts the privatisation process in England and Scotland. It had been envisaged that the sale would lead to higher rents and invigorate private sector investment. More than a decade on, the author seeks to assess whether this forecast/hypothesis proved correct. The Scottish experience is used as a case study of the UK privatisation programme operating in a peripheral region, and the impact is assessed at two levels: on the Scottish market as a whole; and in the postprivatisation experience of the former publicly owned industrial estates. The original forecasts of the Conservative government prove to be naïve. No evidence of a wide-scale rise in rents, or speculative development, was found, nor has there been an increase in institutional investment in industrial property; the public sector has begun to intervene again—albeit in a different guise.
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Simpson, B. M. "Quality assurance." BSAP Occasional Publication 23 (January 1999): 31–32. http://dx.doi.org/10.1017/s0263967x00033218.
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AbstractA description is provided of the development of quality assurance in the Scottish beef and lamb industry during the period 1988-98. The contributions of many organizations and individuals are explained and three essential development phases are identified: setting the standards, gaining commitment from the industry and establishing independent credible assessment procedures. While Scotland has achieved some economic advantage, the author acknowledges that much has still to be done to reward all participating sectors.
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Harvey, Alice. "Arty choke: a response." Art Libraries Journal 41, no. 2 (April 2016): 78–87. http://dx.doi.org/10.1017/alj.2016.5.
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Definitions, uses and management of ephemera are explored in this article, a response to the pioneering ‘Arty choke: acquisition and ephemera’ by Nik Pollard, published in the 1977 winter issue of Art Libraries Journal. The author, in conversation with the Librarian of the Scottish National Gallery of Modern Art, discusses key ideas put forward in the original text and assess their relevance in relation to current art ephemera collections in UK libraries.
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Beltser, A. A. "МИРОВАЯ КОМИССИЯ ПОГРАНИЧНЫХ ГРАФСТВ И СОВЕТ ГЕРЦОГА РИЧМОНДА, 1525-1528." Izvestiya of Samara Scientific Center of the Russian Academy of Sciences. History Sciences 2, no. 4 (2020): 60–65. http://dx.doi.org/10.37313/2658-4816-2020-2-4-60-65.
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Article devoted to the work of Cumberland and Northumberland justices of peace in 1525-1528. The author examines the impact of the Council of the Duke of Richmond on the composition and activities of the local government system. Research shows that the Council of the Duke of Richmond was unable during its existence to fi x problems in the system of local government. According to the author, the diffi culties in the organization of activities of the staff of the local administration is rooted not only in the local context, but also in the policy of the Crown. Keywords: Tudors, anglo-scottish borders, Council of the North, Tudor England, justices of peace, local government.
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Stolyarova, Anastasiya G. "Evolution of Middle English Alliterative Phrases in 15th-Century Scottish Poetry: New Forms and Functions." Vestnik of Northern (Arctic) Federal University. Series Humanitarian and Social Sciences, no. 5 (October 10, 2020): 89–97. http://dx.doi.org/10.37482/2227-6564-v052.
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Alliterative phrases, along with traditional poetic words and substantivized epithets, are considered to be a typical feature of the diction of alliterative revival in England and Scotland, a special marker of this tradition. Formulaic alliterative phrases are quite a different phenomenon than traditional oral poetic formulas; their formulaic character is expressed in potential variation of their elements provided that the semantics and the alliteration scheme are preserved, which allows poets to create individual author variants on the basis of traditional phrases. The paper discusses the use of formulaic alliterative phrases as illustrated by two alliterative Scottish poems that were written nearly at the same time (second half of the 15th century) and belong to the same tradition, but to different genres: the romance Golagros and Gawain and the allegorical poem The Buke of the Howlat. Golagros and Gawain is a poem composed in the decline of the genre of romance, which glorifies the virtues of chivalry and the heroic world becoming a thing of the past. A characteristic feature of the poem is the extensive use of variation between the elements of set phrases typical of the tradition of alliterative revival. A large number of alliterative phrases in Golagros and Gawain are individual author variants describing an ideal chivalric hero. In The Buke of the Howlat, on the contrary, most phrases are fixed and stereotyped. The author of this poem prefers to exploit formulas as a satiric device, putting typical phrases in an unusual context and thus altering their meaning.
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Manson, Robert. "Prosecuting Aggression Domestically while Respecting the Principle of ‘Sovereign Equality’ – A Scottish Model." International Law Research 4, no. 1 (October 29, 2015): 156. http://dx.doi.org/10.5539/ilr.v4n1p156.
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Options or approaches for dealing with the problem of respecting the principle of ‘sovereign equality’ whilst conducting a domestic prosecution of an individual for participation in the commission of a crime of aggression, where the ‘prosecuting state’ is not itself also the state accused of committing the associated ‘state act’ of aggression. Followed by an examination of the specific issues raised in the model case of domestic statutory incorporation in Scotland, a process with which the author is currently engaged.
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McKenny, Gerald P. "Response to Paul Nimmo." Scottish Journal of Theology 68, no. 1 (January 9, 2015): 98–105. http://dx.doi.org/10.1017/s0036930614000933.
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I am grateful to the Scottish Journal of Theology for offering me the opportunity to respond to Paul Nimmo's article review of the The Analogy of Grace, and I am especially grateful to Dr Nimmo for his lucid and accurate overview of the book, his generous comments, and his thoughtful and challenging criticisms. It is an honour to receive this careful and critical attention from the author of Being in Action, a study of Barth's ethics for which I have the highest regard.
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Davenport, H. W. "The life and death of laboratory teaching of medical physiology: a personal narrative. Part I." Advances in Physiology Education 264, no. 6 (June 1993): S16. http://dx.doi.org/10.1152/advances.1993.264.6.s16.
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Part I of this essay sketches the history of laboratory teaching of medical physiology in England from the perspective of the author as a student at Oxford from 1935 to 1938. The systematic laboratory teaching that began in the 1870s at University College London under William Sharpey was carried to Oxford, as well as to other English and Scottish universities, by Sharpey's junior colleagues. C. S. Sherrington added mammalian experiments, and C. G. Douglas and J. G. Priestley added experiments on human subjects. The author describes his experience as a student in the Oxford courses and tells how he learned physiology by teaching it from 1941 to 1943 in the laboratory course established at the University of Pennsylvania by Oxford-trained physiologist Cuthbert Bazett.
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Longson, Andrea. "Electronic Legal Deposit and the Advocates Library." Legal Information Management 14, no. 1 (March 2014): 80–83. http://dx.doi.org/10.1017/s147266961400019x.
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AbstractThe Advocates Library provides a library and information service to around 470 members of the Faculty of Advocates, the Scottish Bar. The library also acts as the national law library for Scotland, having the privilege of claiming law materials on legal deposit. The Senior Librarian, Andrea Longson (the author of this article), and the library's management group work closely with staff at the National Library of Scotland and have been involved in strategic discussions about the drafting and implementation of legal deposit legislation for over ten years.
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Fowlie, Anna. "Scottish Social Services Council (SSSC): regulating and developing the housing sector workforce." Housing, Care and Support 19, no. 3/4 (September 19, 2016): 101–4. http://dx.doi.org/10.1108/hcs-10-2016-0011.
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Purpose The purpose of this paper is to provide an introduction and background to the Scottish Social Services Council (SSSC) with relation to the housing sector. Design/methodology/approach The author outlines the role and importance of the SSSC with regards to regulating and developing the housing sector workforce. Findings This paper lays out the current SSSC approach to regulating the housing sector workforce via rolling out the implementation of work-based qualifications. Development of the workforce is being achieved via the advancement of learning technology work and improving the quality of the leadership and management of services. Originality/value The paper outlines the work of the SSSC in Scotland and draws out some general learning points for workforce development.
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Tulejski, Tomasz. "Od umowy o władzę do nietolerancji religijnej. Samuel Rutherford i kontraktualne uzasadnienie prześladowań religijnych." Studia nad Autorytaryzmem i Totalitaryzmem 41, no. 3 (November 26, 2019): 83–108. http://dx.doi.org/10.19195/2300-7249.41.3.6.
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FROM THE CONTRACT OF GOVERNMENT TO RELIGIOUS INTOLERANCE. SAMUEL RUHTERFORD AND CONTRACTARIAN JUSTIFICATION OF RELIGIOUS PERSECUTIONSSamuel Rutherford 1600?–1661 was a Scottish Presbyterian minister whose political writings form a part of the controversial literature written during the English Civil War period in the mid-seventeenth century. Most of his political writing was done while he sat as a Scottish commissioner in the Westminster Assembly of Divines. His major political book, Lex, Rex was burned by order of the Restoration Government in 1660, and Rutherford was cited on a charge of treason as its author. In his opinion, in order to form a government men contract with one or more men among themselves, giving to them the authority of rulership. The ruler is under contract to rule according to the higher law for the welfare of all people. Rulership is a trust from the people and is never given without reservation. If the ruler misuses his trust, the people have the right and duty to resist him in order to preserve themselves within the higher law. Knowledge of the higher law comes through reason but reason is fallible. However, God has graciously provided the infallible Scripture as a guide to reason. Rutherford believes there is only one true interpretation of Scripture and that God has given to the Church primary authority in interpretation. In this article, the Author argues that Rutherford’s doctrine of exclusive truth leads him to an uncompromising position of religious intolerance.
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HELLER, WILLIAM B. "Regional Parties and National Politics in Europe." Comparative Political Studies 35, no. 6 (August 2002): 657–85. http://dx.doi.org/10.1177/0010414002035006002.
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Parties participate in national politics that do not pretend to national presence. The author asks whether such parties affect policy outcomes and concludes that they do, albeit in unexpected ways. Basically, nonnational parties influence policy making under certain conditions by trading policy for authority. They help national parties get the policies they want in return for transfers of policy-making authority to regional governments. This willingness to support national policies with minimal amendment makes regional parties attractive partners for national parties in government. The author examines this argument in light of detailed evidence from Spain's minority Socialist and Popular Party governments in the 1990s, along with discussions of the role of regionalism in Belgian politics and of the relationship between the Scottish Nationalist Party and the Labour Party in the United Kingdom.
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Shaw, Elizabeth. "Automatism and Mental Disorder in Scots Criminal Law." Edinburgh Law Review 19, no. 2 (May 2015): 210–33. http://dx.doi.org/10.3366/elr.2015.0272.
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In this article, Elizabeth Shaw examines the rule of Scots law that mental abnormality can sometimes entirely eliminate a person's criminal responsibility for her actions. Two separate defences are considered: (1) mental disorder excluding responsibility and (2) automatism. The former is a new statutory defence, replacing the old defence of insanity, which was created following a report by the Scottish Law Commission. That report ignored automatism, an omission argued by the author to be unfortunate since automatism and the mental disorder defence are very closely related. By looking at the mental disorder defence in isolation, the Commission missed an opportunity to make sure that the criminal law takes a philosophically coherent and practically workable approach to people with mental abnormalities. The author's analysis of the Scots law is undertaken in comparison with legal developments in the same field in English law.
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Anderson, Craig. "Delivery of Goods in the Custody of a Third Party: Operation and Basis." Edinburgh Law Review 19, no. 2 (May 2015): 165–85. http://dx.doi.org/10.3366/elr.2015.0270.
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In this article, Craig Anderson examines the historical origins and current law of the Scottish rules concerning how delivery of goods in the custody of a third party may be validly effected by transferor to transferee. The author suggests that the form of constructive delivery permitted by law is best analysed as an assignation of the transferor's personal right against the custodier. On this argument, the custodier then ceases to hold the goods for the transferor and begins to hold them for the transferee. As a result, the transferee acquires civil possession of the goods and delivery is complete.
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Haughey, David. "Transmissibility of Lease Conditions in Scots Law – A Doctrinal-Historical Analysis." Edinburgh Law Review 19, no. 3 (September 2015): 333–59. http://dx.doi.org/10.3366/elr.2015.0294.
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This article examines the historical development of the rules applied by the Scottish courts to the transmission of terms in contracts of lease in cases where the original landlord sells the land to a new owner (a so-called “singular successor”). The relevant rules determine which terms of the contract of lease are regarded as “personal conditions”, binding only the original parties, and which are “real conditions” capable of binding singular successors as landlord. As the author demonstrates, the so-called “inter naturalia” approach which has often been applied by the courts to test transmissibility is defective; a revised approach is needed.
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Walker, Mark. "Examining the roots of contemporary Scottish experience in designing modern housing in ‘traditional’ rural contexts." Architectural Research Quarterly 16, no. 4 (December 2012): 286–300. http://dx.doi.org/10.1017/s1359135513000183.
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This paper reflects on the contemporary design practice of Scottish rural housing, through a comparative and analytical approach, examining how three architects, including the author, devise architectural languages embedded in the countryside and locality as inspiration in addressing modern architectural design within a conservative planning tradition. While promoting innovative architectural and settlement design at national level, planning systems at local government level in Scotland often tend to promote versions of bastardised Georgian villas complete with dormer and astragal windows. The author's award-winning practice has challenged the approach, and this paper represents a practitioner's self-reflection in analysing key elements of the implicitly grounded concepts of his design ethos, while comparing this with other contemporary designers with similar but different approaches. The paper provides a brief overview of the planning context and the development of both rural built form and moral philosophies related to the religious traditions of differing localities, prior to a review of the work of the three practices and a reflection on the way in which these practices ‘ground’ their work within context. This, it is argued, has relevance not only for the planning system, but also for other practices, and wider relevance for embedding research within practice.