The prevention and resolution of disputes over property rights in twelfth and early thirteenth century Scotland
The accepted view of dispute resolution during the twelfth and early thirteenth century is to either dismiss the possibility altogether due to a scarcity of documents or to look backward from the later thirteenth century and beyond, measuring the records of the twelfth century and early thirteenth against the more prolific and more detailed records of later periods. This has led to the widely accepted conclusion that either the means of resolving disputes in the earlier period were less sophisticated, less developed versions of later legal systems, or that the earlier period was in a legal dark age where the light of reason and systematic approaches to law had not yet developed. The evidence discussed here shows, however, that there were systematic approaches to both preventing disputes and resolving those that did occur. The documents are not in the format that came to be accepted in later periods, nor are they worded as later legal documents would be. But that there were legal decisions being made according to norms, customs and rules that were consistently applied is clear. Using complexity theory as a means of analysis allows us to see the patterns and the systematic approaches, not in a system wide context,
O'Sullivan, Eileen Marie
The prevention and resolution of disputes over property rights in twelfth and early thirteenth century Scotland. The accepted view of dispute resolution during the twelfth and early thirteenth century is to either dismiss the possibility altogether due to a scarcity of documents or to look backward from the later thirteenth century and beyond, measuring the records of the twelfth century and early thirteenth against the more prolific and more detailed records of later periods. This has led to the widely accepted conclusion that either the means of resolving disputes in the earlier period were less sophisticated, less developed versions of later legal systems, or that the earlier period was in a legal dark age where the light of reason and systematic approaches to law had not yet developed. The evidence discussed here shows, however, that there were systematic approaches to both preventing disputes and resolving those that did occur. The documents are not in the format that came to be accepted in later periods, nor are they worded as later legal documents would be. But that there were legal decisions being made according to norms, customs and rules that were consistently applied is clear. Using complexity theory as a means of analysis allows us to see the patterns and the systematic approaches, not in a system wide context,
prevention resolution dispute property_right twelfth scotland accepted view dispute resolution twelfth either dismiss possibility altogether due scarcity document look backward beyond measure record prolific detail record lead widely_accept conclusion either mean resolve dispute earlier_period less sophisticated less developed version later legal_system early_period legal dark_age light reason systematic approach law yet develop evidence discuss show however systematic approach prevent dispute resolve occur document format come accept word later legal document would legal decision_make accord norm custom rule consistently apply clear using complexity theory mean analysis allow see patterns systematic approach system wide_context