The effects of the Reformation in Scotland upon the law of husband and wife with particular attention paid to the constitution and dissolution of marriage during the period 1560 to 1690

Clancy, Michael Paul Andrew (1984) The effects of the Reformation in Scotland upon the law of husband and wife with particular attention paid to the constitution and dissolution of marriage during the period 1560 to 1690. LL.M(R) thesis, University of Glasgow.

Abstract

Sine historia caeca est jurisprudentia, a statement made by the sixteenth century French humanist Balduinus is a fitting maxim for this particular thesis. Law is an essentially historical discipline and can best be understood with a historical perspective. Furthermore Canon law is quite unique amongst the legal systems of the world, in terms of its continuity from early antiquity and the foundations of ecclesiastical organisation, in terms of the influence which it has exerted upon other legal systems and in terms of its evident equity and justice. These twin aspects of historicism and canonism lead one, as a secular lawyer to the necessary inquiry, How did Canon law affect one's native system and does it still? This thesis attempts to answer the first part only of this question. Given that His Holiness Pope John Paul II promulgated the new Codex Juris Canonici on 25 January, 1983 which came into force on the First Sunday in Advent 1983, the answer to the second part of that question may be ripe for answer only some time in the future. That the Canon law did exert a considerable formative influence on the law of Scotland can hardly be doubted. To examine every branch of law where the Canon law may have had or could have had an effect would be the work of many lifetimes, hence the restriction on the subject matter viz. the law of husband and wife.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Keywords: Law
• Date of Award: 1984
• Depositing User: Enlighten Team
• Unique ID: glathesis:1984-76544
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 19 Nov 2019 14:11
• Last Modified: 19 Nov 2019 14:11
• URI: https://theses.gla.ac.uk/id/eprint/76544