AJ Aitken a History of Scots
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2 Legal System of Scotland
Legal System of 2 Scotland Yvonne McLaren and Josephine Bisacre This chapter discusses the formal sources of Scots law – answering the question of where the law gets its binding authority from. The chapter considers the role played by human rights in the Scottish legal system and their importance both for individuals and for businesses. While most com- mercial contracts are fulfilled and do not end up in court, some do, and sometimes businesses are sued for negligence, and they may also fall foul of the criminal law. Therefore the latter part of the chapter discusses the civil and criminal courts of Scotland and the personnel that work in the justice system. The Scottish legal system is also set in its UK and European context, and the chapter links closely with Chapters 3 and 4, where two rather dif- ferent legal systems – those in Dubai and Malaysia – are explored, in order to provide some international comparisons. The formal sources of Scots Law: from where does the law derive its authority? What is the law and why should we obey it? These are important ques- tions. Rules come in many different guises. There are legal rules and other rules that may appear similar in that they invoke a sense of obligation, such as religious rules, ethical or moral rules, and social rules. People live by religious or moral codes and consider themselves bound by them. People honour social engagements because personal relationships depend on this. However, legal rules are different in that the authority of the state is behind them and if they are not honoured, ultimately the state will step in 20 Commercial Law in a Global Context and enforce them, in the form of civil remedies such as damages, or state- sanctioned punishment for breach of the criminal law. -
Aberdeen Student Law Review
Aberdeen Student Law Review With thanks to our sponsors Stronachs LLP July 2011 Volume 2 www.abdn.ac.uk/law/aslr THE EDITORIAL BOARD 2010 - 2011 Managing Editor Leanne Bain Editors Alice Cannon Ross Douglas Emma Fraser Stuart Lee Bruce Mangeon Fairweather Charlotte Taylor Ryan T. Whelan Jennifer White FOREWORD BY THE HON . LORD WOOLMAN SENATOR OF THE COLLEGE OF JUSTICE Has the ASLR already reached its second volume? I am delighted that the brio of those involved in launching the project has been sustained. That is evident from the table of contents for the new volume. The topics range across legal history, oil and gas law and the law of evidence. In my view, volume two confirms that the ASLR is continuing to make a significant contribution to legal learning in Scotland. Stephen Woolman July 2011 INTRODUCTION TO VOLUME TWO In 1987 Professor Erwin N Griswold, former Dean of Harvard Law School, gave an insight into the history of the Harvard Law Review, the oldest student-led law review in the world. He acknowledged: Some people are concerned that a major legal periodical in the United States is edited and managed by students. It is an unusual situation, but it started that way, and it developed mightily from its own strength.1 I firmly believe in the strength of the student law review, and it is this belief that has shaped the endeavours of the editorial team during the past year The second year of a professional publication can be as difficult as the first, and this year has certainly not been without challenge. -
DORIC DICTIONARY Doric Is the Traditional Dialect of the North East of Scotland
DORIC DICTIONARY Doric is the traditional dialect of the North East of Scotland. It has its roots in the farming and fishing communities that made up the area. In the last 20 years it has seen a revival and is gaining more recognition and being taught at schools. The list below shows favourite Doric / Scots words or phrases with their Dictionary definition and comments underneath. Aberdeenshire Council would like to thank pupils and staff at Banff Academy, in a project with the Elphinstone Institute Aberdeen University for providing a Doric Dictionary to use on the website: http://banffmacduffheritagetrail.co.uk Auld Auld. Old. Compare with Old Scots Ald. Aye! Aye. Yes. Unknown. Bairn A child, baby, infant. Old Norse Barn. Baltic BALTIC, prop.n. Sc. printers slang usage with def. art.: a jocular term for a watercloset (Edb. 1800–74), sc. as being a chilly place, often frozen in cold weather. Black Affrontit Ashamed or deeply embarrassed, from Old French Affronter. Blether To talk foolishly or in a trivial way; to prattle, speak boastfully; a chatterbox, from Old Norse blaðra – to utter inarticulately, move the tongue to and fro. Bonnie Bonnie, Bonny, Beautiful, pretty. Late 15th century. Bonnie Bonnie, bonny, boannie. Beatiful, pretty, good, excellent, fine. Origin not known, although my 8 year old told me it was because of the French word bonne - good. Good theory. Bosie To cuddle. NE Scots, reduced form of bosom. Bourach. Whit a Bourach! A crowd, group, cluster. A disorderly heap or mess. A muddle, a mess, a state of confusion. Probably from Gaelic, búrach a mess or shambles. -
(2017) Clarifying the Law on Assisted Suicide? Ross V Lord Advocate
Chalmers, J. (2017) Clarifying the law on assisted suicide? Ross v Lord Advocate. Edinburgh Law Review, 21(1), pp. 93-98. (doi:10.3366/elr.2017.0391) This is the author’s final accepted version. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. http://eprints.gla.ac.uk/130144/ Deposited on: 17 October 2016 Enlighten – Research publications by members of the University of Glasgow http://eprints.gla.ac.uk This article has been accepted for publication by Edinburgh University Press in the Edinburgh Law Review, and is expected to appear in the January 2017 issue. The Review is available online at http://www.euppublishing.com/loi/elr. Clarifying the Law on Assisted Suicide? Ross v Lord Advocate Gordon Ross, who died in January 2016,1 was a retired television producer who prior to his death resided in a care home, living with diabetes, heart problems, Parkinson’s disease and peripheral neuropathy.2 In Ross v Lord Advocate, Lord Carloway outlined the dilemma which Mr Ross faced in the following terms:3 He anticipates that there will come a time when he will not wish to continue living, as he will find his infirmity and consequent dependence on others intolerable. He would require assistance to commit suicide because of his physical state. He is apprehensive that anyone who assisted him would be liable to prosecution. He considers that he may require to take action to end his life himself, sooner than he would otherwise wish to, in order to avoid living on in an undignified and distressing condition. -
The Norse Element in the Orkney Dialect Donna Heddle
The Norse element in the Orkney dialect Donna Heddle 1. Introduction The Orkney and Shetland Islands, along with Caithness on the Scottish mainland, are identified primarily in terms of their Norse cultural heritage. Linguistically, in particular, such a focus is an imperative for maintaining cultural identity in the Northern Isles. This paper will focus on placing the rise and fall of Orkney Norn in its geographical, social, and historical context and will attempt to examine the remnants of the Norn substrate in the modern dialect. Cultural affiliation and conflict is what ultimately drives most issues of identity politics in the modern world. Nowhere are these issues more overtly stated than in language politics. We cannot study language in isolation; we must look at context and acculturation. An interdisciplinary study of language in context is fundamental to the understanding of cultural identity. This politicising of language involves issues of cultural inheritance: acculturation is therefore central to our understanding of identity, its internal diversity, and the porousness or otherwise of a language or language variant‘s cultural borders with its linguistic neighbours. Although elements within Lowland Scotland postulated a Germanic origin myth for itself in the nineteenth century, Highlands and Islands Scottish cultural identity has traditionally allied itself to the Celtic origin myth. This is diametrically opposed to the cultural heritage of Scotland‘s most northerly island communities. 2. History For almost a thousand years the language of the Orkney Islands was a variant of Norse known as Norroena or Norn. The distinctive and culturally unique qualities of the Orkney dialect spoken in the islands today derive from this West Norse based sister language of Faroese, which Hansen, Jacobsen and Weyhe note also developed from Norse brought in by settlers in the ninth century and from early Icelandic (2003: 157). -
May and June 2020 Newsletter
Scottish Heritage USA NEWSLETTER MAY-JUNE 2020 Presumed site of 0ne of William Wallace’s hidden forts (©FLS by Skyscape survey 2020) ISSUE #1-2020 RESEARCHERS FIND WILLIAM WALLACE’S “HOUSE” ilia Wallace, 13th century “freedom fighter” and his 16 fighting men supposedly used this campsite (or fort) named W “Wallace House” to attack the British in small skirmishes. The site is in Dumfries and Galloway council area. Forestry & Land Scotland archaeologist, Matt Ritchie, conducted an aerial survey to give us a glimpse of the site (pictured above). Just think, Wallace and his men occupied this site over 700 years ago! Some think the fort was the staging ground for plans to capture the Scottish castle of Lochmaben in 1297. The castle held a strong defensive position high enough to have a clear view of the lands south of the castle. Historian Michael Brown (University of St. Andrews, Scotland) describes Wallace as a “patriotic hero whose only concern was the liberty and protection of his fellow Scots.” Wallace was fed up with England’s treatment of Scotland and he rallied Scotland’s fiercest patriots (Jacobites) to defeat the English at the Battle of Stirling Bridge in 1297. However, that was the last victory for one of Scotland’s most famous patriots as he was ultimately caught, imprisoned, and executed for his “crimes against England.” Because Wallace’s movements were unknown after Stirling, Ritchie’s team took hundreds of pictures and cobbled them together to form the images into the model above. It would be fantastic if this fort were actually built by Wallace and his men! Wallace’s House on an Ordinance Survey First Edition map of the area, Several figures prominent in the history of Scottish Independence including published circa 1857 William Wallace, Bonnie Prince Charlie and Mary, Queen of Scots. -
Dialectal Diversity in Contemporary Gaelic: Perceptions, Discourses and Responses Wilson Mcleod
Dialectal diversity in contemporary Gaelic: perceptions, discourses and responses Wilson McLeod 1 Introduction This essay will address some aspects of language change in contemporary Gaelic and their relationship to the simultaneous workings of language shift and language revitalisation. I focus in particular on the issue of how dialects and dialectal diversity in Gaelic are perceived, depicted and discussed in contemporary discourse. Compared to many minoritised languages, notably Irish, dialectal diversity has generally not been a matter of significant controversy in relation to Gaelic in Scotland. In part this is because Gaelic has, or at least is depicted as having, relatively little dialectal variation, in part because the language did undergo a degree of grammatical and orthographic standardisation in the late eighteenth and early nineteenth centuries, with the Gaelic of the Bible serving to provide a supra-dialectal high register (e.g. Meek 1990). In recent decades, as Gaelic has achieved greater institutionalisation in Scotland, notably in the education system, issues of dialectal diversity have not been prioritised or problematised to any significant extent by policy-makers. Nevertheless, in recent years there has been some evidence of increasing concern about the issue of diversity within Gaelic, particularly as language shift has diminished the range of spoken dialects and institutionalisation in broadcasting and education has brought about a degree of levelling and convergence in the language. In this process, some commentators perceive Gaelic as losing its distinctiveness, its richness and especially its flavour or blas. These responses reflect varying ideological perspectives, sometimes implicating issues of perceived authenticity and ownership, issues which become heightened as Gaelic is acquired by increasing numbers of non-traditional speakers with no real link to any dialect area. -
The Mother Tongue J Derrick Mcclure
The Mother Tongue J Derrick McClure We are grateful to J Derrick McClure for writing this article for inclusion on the Scots Language Centre website. ********** The old Scots tongue, the language that can still be heard in the mouth of many a lad and lass from the Shetland Isles to the Mull of Galloway, has as wonderful a history as any of the languages of the world. To understand the life of any language, we must know two things. We must know the structure of the language itself: its sounds and spelling, its grammar, its words. And we must also know what the language means, and has meant, to the people who speak it. There is no language that has not changed with the passing of the years: the English of Shakespeare is not the English spoken today. A language can change so much that it becomes an entirely different thing: French, Italian, Spanish and several other European tongues were all one and the same language, Latin, many centuries ago. And a language can simply die, leaving no trace: the Indians of America and Canada have now for the most part forgotten their mother tongues and speak only English, and many people fear that if we are not careful our own Gaelic and Scots will go the same way. Gaelic is related to Irish; Scots is related to English. What that means is that there was once a single language - Old Irish for one of the pairs, Old English (sometimes called "Anglo-Saxon") for the other - which divided into two, developing and changing in different ways in the kingdoms of Scotland and Ireland, or Scotland and England. -
Advisory Committee on the Framework Convention for the Protection of National Minorities
ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES Strasbourg, 18 September 2017 Working document Compilation of Opinions of the Advisory Committee relating to Article 10 of the Framework Convention for the Protection of National Minorities (4th cycle) “Article 10 1 The Parties undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing. 2 In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavour to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities. 3 The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.” Note: this document was produced as a working document only and does not contain footnotes. For publication purposes, please refer to the original opinions. Fourth cycle – Art 10 Table of contents 1. ARMENIA................................................................................................................................................3 -
Hogmanay Rituals: Scotland’S New Year’S Eve Celebrations
Accepted Manuscript of a book chapter published by Routledge Suggested citation: Frew, E. & Mair. J. (2014). Hogmanay Rituals: Scotland’s New Year’s Eve Celebrations. In Frost, W. & Laing, J. (Eds) Rituals and traditional events in the modern world. Routledge Hogmanay Rituals: Scotland’s New Year’s Eve Celebrations Elspeth A. Frew La Trobe University Judith Mair Department of Management Monash University ABSTRACT Hogmanay, which is the name given to New Year’s Eve in Scotland, is a long-standing festival with roots going far back into pagan times. However, such festivals are losing their traditions and are becoming almost generic public celebrations devoid of the original rites and rituals that originally made them unique. Using the framework of Falassi’s (1987) festival rites and rituals, this chapter utilises a duoethnographic approach to examine Hogmanay traditions in contemporary Scotland and the extent to which these have been transferred to another country. The chapter reflects on the traditions which have survived and those that have been consigned to history. Hogmanay and Paganism: Scotland’s New Year’s Eve Celebrations INTRODUCTION New Year’s Eve (or Hogmanay as it is known in Scotland) is celebrated in many countries around the world, and often takes the form of a public celebration with fireworks, music and a carnival atmosphere. However, Hogmanay itself is a long-standing festival in Scotland with roots going far back into pagan times. Some of the rites and rituals associated with Hogmanay are centuries old, and the tradition of celebrating New Year Eve (as Hogmanay) on a grander scale than Christmas has been a part of Scottish life for many hundreds of years. -
Norn Elements in the Shetland Dialect
Hugvísindadeild Norn elements in the Shetland dialect A Historical and Linguistic Review B.A. Essay Auður Dagný Jónsdóttir September, 2013 University of Iceland Faculty of Humanities Department of English Norn elements in the Shetland dialect A Historical and Linguistic Review B.A. Essay Auður Dagný Jónsdóttir Kt.: 270172-5129 Supervisors: Þórhallur Eyþórsson and Pétur Knútsson September, 2013 2 Abstract The languages spoken in Shetland for the last twelve hundred years have ranged from Pictish, Norn to Shetland Scots. The Norn language started to form after the settlements of the Norwegian Vikings in Shetland. When the islands came under the British Crown, Norn was no longer the official language and slowly declined. One of the main reasons the Norn vernacular lived as long as it did, must have been the distance from the mainland of Scotland. Norn was last heard as a mother tongue in the 19th century even though it generally ceased to be spoken in people’s daily life in the 18th century. Some of the elements of Norn, mainly lexis, have been preserved in the Shetland dialect today. Phonetic feature have also been preserved, for example is the consonant’s duration in the Shetland dialect closer to the Norwegian language compared to Scottish Standard English. Recent researches indicate that there is dialectal loss among young adults in Lerwick, where fifty percent of them use only part of the Shetland dialect while the rest speaks Scottish Standard English. 3 Contents 1. Introduction ............................................................................................................................ 5 2. The origin of Norn ................................................................................................................. 6 3. The heyday of Norn ............................................................................................................... 7 4. King James III and the Reformation .................................................................................. -
Inventory Dep.240 Messrs Russel and Aitken Stored at CB, Phase 1
Inventory Dep.240 Messrs Russel and Aitken Stored at CB, Phase 1, Level2 Dep.240/1-31 is at GB National Library of Scotland Manuscripts Division George IV Bridge Edinburgh EH1 1EW Tel: 0131-466 2812 Fax: 0131-466 2811 E-mail: [email protected] © Trustees of the National Library of Scotland Papers from the archives of Messrs Russel and Aitken, Writers, Falkirk. This deposit is a selection made from the archives of Russel and Aitken in Falkirk. It consists of material gathered by the firm while acting as executors, trustees, or liquidators in the course of its normal legal business, and of material brought together by James Russel sen, (1787-1858), James Russel jun (d.1860), and Henry Aitken (d.ca.1900), partners in the firm, in connection with their various mining and industrial undertakings. In the former category the papers relating to the Falkirk Gas Co and its successors, the Stirlingshire Midland Junction Railway, and the whaler ‘Juno’ are the most important, while in the latter the large series of bore journals and mine plans give a clear view of the geological knowledge of central Scotland (particularly of the south of West Lothian) in the mid 19th century. Also included are miscellaneous early charters, several business account books, and the papers of Dr John Aitken FRS, the meteorologist. The general arrangement is as follows: 1. Bore journals of Henry Aitken of Darroch (ca.1860-80), numbered series: 1. Armadale and others, including Polkemmet, Bridgecastle, and Hilderston (with some discussion of the silver deposits there). At the end is an analysis of Boghead Parrot.