Scandinavian Scotland in the context of "Scots law"

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⭐ Core Definition: Scandinavian Scotland

Scandinavian Scotland was the period from the 8th to the 15th centuries during which Vikings and Norse settlers, mainly Norwegians and to a lesser extent other Scandinavians, and their descendants colonised parts of what is now the periphery of modern Scotland. Viking influence in the area commenced in the late 8th century, and hostility between the Scandinavian earls of Orkney and the emerging thalassocracy of the Kingdom of the Isles, the rulers of Ireland, Dál Riata and Alba, and intervention by the crown of Norway were recurring themes.

Scandinavian-held territories included the Northern Isles of Orkney and Shetland, the Hebrides, the islands of the Firth of Clyde and associated mainland territories including Caithness and Sutherland. The historical record from Scottish sources is weak, with the Irish annals and the later Norse sagas, of which the Orkneyinga saga is the principal source of information, sometimes contradictory although modern archaeology is beginning to provide a broader picture of life during this period.

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👉 Scandinavian Scotland in the context of Scots law

Scots law (Scottish Gaelic: Lagh na h-Alba) is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom. Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid.

Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman law influence on Scots law, the direct influence of Roman law was slight up until around the 15th century. After this time, Roman law was often adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute; and Roman law was in this way partially received into Scots law.

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Scandinavian Scotland in the context of Norse-Gaels

The Norse–Gaels (Old Irish: Gall-Goídil; Irish: Gall-Ghaeil; Scottish Gaelic: Gall-Gàidheal; Manx: Goal-Gael, 'foreigner-Gaels') were a people of mixed Gaelic and Norse ancestry and culture. They emerged in the Viking Age, when Vikings who settled in Ireland and in Scotland became Gaelicised and intermarried with Gaels. The Norse–Gaels dominated much of the Irish Sea and Scottish Sea regions from the 9th to 12th centuries. They founded the Kingdom of the Isles (which included the Hebrides and the Isle of Man), the Kingdom of Dublin, the Lordship of Galloway (which is named after them), and briefly ruled the Kingdom of York (939–944 AD). The most powerful Norse–Gaelic dynasty were the Uí Ímair or Ivar dynasty.

Over time, the Norse–Gaels became ever more Gaelicised and disappeared as a distinct group. However, they left a lasting influence, especially in the Isle of Man and Outer Hebrides, where most placenames are of Norse–Gaelic origin. Several Scottish clans have Norse–Gaelic roots, such as Clan MacDonald, Clan MacDougall and Clan MacLeod. The elite mercenary warriors known as the gallowglass (gallóglaigh) emerged from these Norse–Gaelic clans and became an important part of Irish warfare. The Viking longship also influenced the Gaelic birlinn and longa fada, which were used extensively until the 17th century. Norse–Gaelic surnames survive today and include MacIvor, MacAskill, and [Mac]Cotter.

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Scandinavian Scotland in the context of Crannóg

A crannog (/ˈkrænəɡ/; Irish: crannóg [ˈkɾˠan̪ˠoːɡ]; Scottish Gaelic: crannag [ˈkʰɾan̪ˠak]) is typically a partially or entirely artificial island, usually constructed in lakes, bogs and estuarine waters of Ireland, Scotland, and Wales. Unlike the prehistoric pile dwellings around the Alps, which were built on shores and not inundated until later, crannogs were built in the water, thus forming artificial islands.

Humans have inhabited crannogs over five millennia, from the European Neolithic Period to as late as the 17th/early-18th centuries. In Scotland there is no convincing evidence in the archaeological record of their use in the Early or Middle Bronze Age or in the Norse period. The radiocarbon dating obtained from key sites such as Oakbank and Redcastle indicates at a 95.4 per cent confidence level that they date to the Late Bronze Age to Early Iron Age. The date ranges fall after around 800 BC and so could be considered Late Bronze Age by only the narrowest of margins.

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Scandinavian Scotland in the context of Earldom of Orkney

The Earldom of Orkney was a Norse territory ruled by the earls (or jarls) of Orkney from the ninth century until 1472. It was founded during the Viking Age by Viking raiders and settlers from Scandinavia (see Scandinavian Scotland). In the ninth and tenth centuries it covered the Northern Isles (Norðreyjar) of Orkney and Shetland, as well as Caithness and Sutherland on the mainland. It was a dependent territory of the Kingdom of Norway until 1472, when it was absorbed into the Kingdom of Scotland. Originally, the title of Jarl or Earl of Orkney was heritable.

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Scandinavian Scotland in the context of Earl of Orkney

Earl of Orkney, historically Jarl of Orkney, is a title of nobility encompassing the archipelagoes of Orkney and Shetland, which comprise the Northern Isles of Scotland. Originally founded by Norse invaders, the status of the rulers of the Northern Isles as Norwegian vassals was formalised in 1195. Although the Old Norse term jarl is etymologically related to earl, and the jarls were succeeded by earls in the late 15th century, a Norwegian jarl is not the same thing. In the Norse context the distinction between jarls and kings did not become significant until the late 11th century and the early jarls would therefore have had considerable independence of action until that time. The position of Jarl of Orkney was eventually the most senior rank in medieval Norway except for the king himself.

The jarls were periodically subject to the kings of Alba for those parts of their territory in what is now mainland Scotland (i.e. Caithness and Sutherland). In 1232, a Scottish dynasty descended from the mormaers of Angus replaced the previous family descended from the late 10th century jarl Torf-Einarr, although the isles remained formally subject to Norway. This family was in turn replaced by the descendants of the mormaers of Strathearn and later still by the Sinclair family, during whose time Orkney and Shetland became part of Scotland.

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Scandinavian Scotland in the context of Kenneth MacAlpin

Kenneth MacAlpin (Medieval Gaelic: Cináed mac Ailpin; Scottish Gaelic: Coinneach mac Ailpein; 810 – 13 February 858) or Kenneth I was King of Dál Riada (841–850), and King of the Picts (848–858), of likely Gaelic origin. According to the traditional account, he inherited the throne of Dál Riada from his father Alpín mac Echdach, founder of the Alpínid dynasty. Kenneth I conquered the kingdom of the Picts in 843–850 and began a campaign to seize all of Scotland and assimilate the Picts, for which he was posthumously nicknamed An Ferbasach ("The Conqueror"). He fought the Britons of the Kingdom of Strathclyde and the invading Vikings from Scandinavia. Forteviot became the capital of his kingdom and Kenneth relocated relics, including the Stone of Scone from the abandoned abbey on Iona, to his new domain.

Kenneth I is traditionally considered the founder of Scotland, which was then known as Alba in Gaelic, although like his immediate successors, he bore the title of King of the Picts. It was Donald II that first bore the title of King of Alba as recorded by the Annals of Ulster and the Chronicon Scotorum. One chronicle calls Kenneth the first Scottish lawgiver but there is no information about the laws he passed.

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