Published online by Cambridge University Press: 19 September 2025
Many eighteenth-century theorists of common law attributed its legitimacy in part to its connection to a particular location and history. However, as Britain incorporated Scotland and expanded its imperial reach abroad, British governors often attempted to carry common-law practices to new locations. In his fiction and nonfiction, Sir Walter Scott advocates maintaining Scotland’s common-law system but worries that the very cultural and legal distinctiveness he demands for Scotland prevents Scots from receiving justice under British law. Portraying the consequences of the Norman conquest in Ivanhoe (1819) and internal and external colonialism in Chronicles of the Canongate (1827), Scott demonstrates the difficulties of reconciling the role of custom in common law’s legitimacy with a centralizing imperial state. In both works, the victors’ biases toward their own law mean that history and historical fiction no longer suture past and present, and that law imposes tragedy as well as order.
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