Article by George L. Gretton
Conceptual coherence is not the only value for a legal system, but it is nonetheless a value. The antithesis between conceptualism and pragmatism is a false one. The incoherent is the unpragmatic. When legal ideas are imported into a system, they need to be conceptualised so as to cohere with the general law of that system, especially if the import is from a common law system into a civil law or mixed one. In importing commercial law from England, Scotland has too often failed to ensure that such law is harmonised with the general law. The story of the floating charge in Scotland is an illustration. In this Article, the modern history of security interests in movable property in Scots law is traced and the problems associated with the floating charge are identified. The Scottish experience is also compared with the experiences of Quebec and South Africa.
About the Author
George L. Gretton. Lord President Reid Professor of Law, University of Edinburgh.
Citation
78 Tul. L. Rev. 307 (2003)