Download Sir William Scott, Lord Stowell: Judge of the High Court of by Henry J. Bourguignon PDF

By Henry J. Bourguignon

Sir William Scott's thirty years as pass judgement on of the excessive courtroom of Admiralty give you the foundation of his acceptance because the maximum of civilian (as against universal) legal professionals. during this significant learn, the 1st for over seventy years, Professor Bourguignon analyzes his paintings as pass judgement on of the admiralty court docket within the gentle of the little-known, unpublished physique of legislation which have been constructed ahead of his appointment. His time period of workplace coincided with the progressive and Napoleonic wars, and hence Scott needed to undergo and ascertain 1000's of instances related to the catch of vessels in time of warfare. those prize instances supplied Scott with the chance to nation and improve many points of the overseas legislations of conflict, in particular the legislations of impartial and belligerent rights at sea. He additionally motivated the improvement of admiralty legislations within the circumstances, which he heard of non-public disputes pertaining to maritime trade.

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The intellectual life at Oxford, centered more in the colleges than at the University, had not died out when young William Scott arrived in 1761. Gibbon's cynical and disdainful appraisal of the Oxford he remembered thus represents only part of the true picture, and it is unlikely that young Scott, with his northern accent and urgent sense of the need to prove himself, viewed Oxford with Gibbon's jaundiced eyes. For Scott, the challenge and inspiration of tutors in the college must have created an atmosphere of intellectual zest.

8 Scott undoubtedly also attended the lectures of Thomas Bever, a fellow of All Souls, a doctor in the civil law, and a member of Doctors' Commons. Bever's lectures on jurisprudence and the civil law were begun in 1762. After several introductory lectures on jurisprudence, law in general and the history of Roman law, Bever proceeded to summarize some major topics of civil law, such as: man as a subject of obligation, natural law, equity, states, family, property, contracts, succession, civil injuries, forms and powers of civil government, the administration of justice and the law of nations.

Knafla (Cambridge, 1977), 293-4. 30 E. Coke, The fourth part of the institutes of the laws of England, first published posthumously in 1641. The edition of 1797 is used here, 134—47. J. Godolphin, in A view of the admiral iurisdiction (London, 1661), 155—6, seems unsure of the terms of the 1611 settlement. 18 Sir William Scott 31 recognizance. Since the admiralty practice depended completely on its use of stipulations for appearance of parties and for performance of judgments, Coke's argument would have crippled its entire operation.

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