Church, Law and the Individual in Scotland
CHURCH, LAW AND THE INDIVIDUAL IN SCOTLAND FRANCIS LYALL 1. INTRODUCTION To begin with two elementary but basic points: first, although Scotland is part of the United Kingdom of Great Britain and Northern Ireland, for many purposes it has a separate and distinct legal system within that Union1. Second, the relationship between Church and State is another very clear instance of its difference with England, the Church of Scotland being Presbyterian, not episcopal, in its form of government, and Scots Law showing numerous features traceable to a more thorough Reformation than that accomplished south of the Border2. Questions of church and state, and of religion and the Law, have continued to cause discussion in Scotland in the Twentieth Century, but it has to be said that such matters appear not to be as important to the gen- erality of the population as they once were3. However, this development is * This article is adapted from a chapter, ‘Church, Law and the Individual in the Twentieth Century’, to be published in MACKAY, M. and MACLEAN, C., (ed.), Institutions of Scotland – The Church, Vol. 12 of Scottish Life and Society: A compendium of Scottish ethnology, 13 Vols. (Fenton A., General Editor), East Linton, U.K., Tuckwell Press, in association with the European Ethnological Research Centre and the National Museums of Scotland, forthcoming. The law is stated as at 2001. 1 See Lyall, F., An Introduction to British Law, 2nd ed., Baden-Baden, Nomos, 2002. 2 LYALL, F., Of Presbyters and Kings: Church and State in the Law of Scotland, Aberdeen: Aberdeen U.P., 1980, is based on my Ph.D.
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