Thomas Smith (British lawyer)
Encyclopedia
Sir Thomas Broun Smith, QC
, FBA
, FRSE
(3 December 1915 - 15 October 1988) was a lawyer, soldier and academic.
, (MA
1937, Boulter exhibitioner, Eldon Scholar).
He was called
to the English Bar
by Gray's Inn
in 1938 and admitted to the Faculty of Advocates
in Scotland
in 1947. He obtained a DCL
(Oxon
) in 1956 and a LL.D from the University of Edinburgh
in 1980. He was awarded an honorary LL.D at the University of Cape Town
. He was made a Knight in 1981.
from 1937 to 1946 and was mentioned in dispatches
. He obtained the rank of Lieutenant-Colonel
.
Smith was attached to the Foreign Office
in 1946-1947.
and was Dean of the Faculty of Law 1950-1953 and 1956-1958. In 1956 he became a Queen's Counsel
. From 1958 to 1968 he was Professor of Civil Law at the University of Edinburgh
and from 1968 to 1972 Professor of Scots Law. He was a part-time member of the Scottish Law Commission
1965-1972 and full-time 1972-1980. In 1980 he became the General Editor of the Laws of Scotland: Stair Memorial Encyclopedia. Professor Smith was Visiting Professor at Tulane University (Louisiana) 1958 and at Harvard Law School
1962-1963 and he was Tagore Professor, Calcutta, 1977. He was United Kingdom
representative to committees of experts at the International Institute for the Unification of Private Law (UNIDROIT) and the Council of Europe
. He has been described as one of the most influential, interesting and controversial figures in the development of modern Scots law.
Among those were:
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, FBA
British Academy
The British Academy is the United Kingdom's national body for the humanities and the social sciences. Its purpose is to inspire, recognise and support excellence in the humanities and social sciences, throughout the UK and internationally, and to champion their role and value.It receives an annual...
, FRSE
Royal Society of Edinburgh
The Royal Society of Edinburgh is Scotland's national academy of science and letters. It is a registered charity, operating on a wholly independent and non-party-political basis and providing public benefit throughout Scotland...
(3 December 1915 - 15 October 1988) was a lawyer, soldier and academic.
Origins
Smith was the son of John Smith, DL, JP, and Agnes Smith. He married in 1940, Ann Dorothea Tindall. He studied at Christ Church, OxfordChrist Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
, (MA
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
1937, Boulter exhibitioner, Eldon Scholar).
He was called
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
to the English Bar
Barristers in England and Wales
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. -Origin of the profession:The work of senior legal professionals in England and Wales...
by Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1938 and admitted to the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
in 1947. He obtained a DCL
Doctor of Civil Law
Doctor of Civil Law is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws degrees....
(Oxon
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
) in 1956 and a LL.D from the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
in 1980. He was awarded an honorary LL.D at the University of Cape Town
University of Cape Town
The University of Cape Town is a public research university located in Cape Town in the Western Cape province of South Africa. UCT was founded in 1829 as the South African College, and is the oldest university in South Africa and the second oldest extant university in Africa.-History:The roots of...
. He was made a Knight in 1981.
Military service
He served in the Gordon Highlanders and Royal ArtilleryRoyal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...
from 1937 to 1946 and was mentioned in dispatches
Mentioned in Dispatches
A soldier Mentioned in Despatches is one whose name appears in an official report written by a superior officer and sent to the high command, in which is described the soldier's gallant or meritorious action in the face of the enemy.In a number of countries, a soldier's name must be mentioned in...
. He obtained the rank of Lieutenant-Colonel
Lieutenant-Colonel (UK)
Lieutenant colonel is a rank in the British Army and Royal Marines which is also used in many Commonwealth countries. The rank is superior to major, and subordinate to colonel...
.
Smith was attached to the Foreign Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
in 1946-1947.
Academic career
In 1949 he became Professor of Scots Law at the University of AberdeenUniversity of Aberdeen
The University of Aberdeen, an ancient university founded in 1495, in Aberdeen, Scotland, is a British university. It is the third oldest university in Scotland, and the fifth oldest in the United Kingdom and wider English-speaking world...
and was Dean of the Faculty of Law 1950-1953 and 1956-1958. In 1956 he became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. From 1958 to 1968 he was Professor of Civil Law at the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
and from 1968 to 1972 Professor of Scots Law. He was a part-time member of the Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
1965-1972 and full-time 1972-1980. In 1980 he became the General Editor of the Laws of Scotland: Stair Memorial Encyclopedia. Professor Smith was Visiting Professor at Tulane University (Louisiana) 1958 and at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
1962-1963 and he was Tagore Professor, Calcutta, 1977. He was United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
representative to committees of experts at the International Institute for the Unification of Private Law (UNIDROIT) and the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
. He has been described as one of the most influential, interesting and controversial figures in the development of modern Scots law.
Published works
Smith published a large number of works on legal subjects.Among those were:
- Doctrines of Judicial Precedent in Scots Law (1952)
- Scotland: The Development of its Laws and Constitution (1955)
- British Justice: The Scottish Contribution (1961)
- Studies Critical and Comparative (1962)
- A Short Commentary on the Law of Scotland (1962)
- Property Problems in Sale (1978)
- Basic Rights and their Enforcement (1979).