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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 May 2021

Words and Concepts: Trust and Patrimony

Words and Concepts: Trust and Patrimony

(p.347) 29 Words and Concepts: Trust and Patrimony
Judge and Jurist

Ross G. Anderson

Oxford University Press

This chapter first looks at the importance of words and legal vocabulary, and suggests that Scots law has something to offer European lawyers. However, despite the importance of textual analysis, it cannot be, in law, the be-all and end-all. Beyond textual analysis, therefore, there is the need to develop principles from coherent concepts and all within a systematic framework. The chapter takes the Scottish trust without equity as an example where it is in legal writing rather than case law that solutions to conceptual problems are to be found.

Keywords:   Scots law, legal vocabulary, Scottish trust without equity, legal writing, case law

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