Early Modern Jurisprudence and Theology

This three-volume series provides a critical examination of the history of theology in Scotland from the early middle ages to the close of the twentieth century. My chapter in volume 1 examines the interaction between legal philosophy and theology during the late Catholic and early Protestant ascendancies in Scotland. Specifically, this chapter provides a summary of (i) Pre-Tridentine Canon Law in Scotland; (ii) The Scottish Reformation and Spiritual Jurisdiction; (iii) The Spiritual Jurisdiction of the Courts of the Church of Scotland; (iv) The Reform of Marriage Law; (v) Scottish Lawyers and the Early Protestant Ascendancy; (vi) Protestantism and Law in Scotland; (vii) Viscount Stair's Institutions of the Law of Scotland. The conclusion provides various suggestions for further research in this field.