Colin Kidd, UNION AND UNIONISMS: POLITICAL THOUGHT IN SCOTLAND, 1500-2000 Cambridge: Cambridge University Press (www.cambridge.org), 2008. ix + 312 pp. ISBN 9780521880572 (hb). £45. ISBN 9780521706803 (pb). £15.99.

Pages151-153
Date01 January 2010
DOI10.3366/E1364980909001073
Published date01 January 2010
AuthorHector MacQueen

Colin Kidd's lively and provocative (in the best sense) book argues that in a variety of forms unionism – not ever really given a core definition, but seemingly at least involving non-acceptance of a politically independent Scotland – has been the dominant political ideology in Scotland since the 1707 Union. Indeed it has pre-1707 roots, as “a lively minority tradition” (42) from at least 1500 which included lawyers such as Thomas Craig. But the bulk of the book is devoted to analysis of different forms of unionism – or, as Kidd prefers to put it, unionisms – with law and legal discourse playing a prominent part in the discussion. The overall argument is that there is much more to unionism than what (picking up on Michael Billig's famous characterisation of “the low-key, unthreatened nationalisms of established and stable nation states”) Kidd calls its “banal” form, i.e. “inarticulate acceptance of Union” (27), or the aggressive defence of the status quo between 1979 and 1990 usually associated with the premiership of Margaret Thatcher. In effect, Kidd's understanding of his subject embraces anything that does not directly call for the breaking of the 1707 Union. One result is a middle ground where moderate unionism and moderate nationalism are “in surprisingly close proximity” (6), while unionism is “quite compatible with strains of cultural nationalism, including legal nationalism” (7). Indeed, Kidd argues, “Scots legal nationalist jurisprudence was a brand of unionist political thought” (210).

Central to this last aspect of Kidd's analysis is the figure of T B Smith. Kidd argues that Smith's “cosmopolitan strain of legal nationalism”, highlighting the mixed character of Scots law and its affinities with the laws of other mixed jurisdictions, was associated with a “frustrated imperialism” (203) that sought “to carve out an imperial role for Scots law on the global stage” (206), or “to create a Scottish legal empire … in which Scots law was the leader of an association of the world's mixed legal systems” (207). Smith “openly espoused legal union, though not within Britain per se” (209), and hence also welcomed the prospect of a new ius commune within the European Community. An important element in Kidd's analysis is Smith's eloquent criticisms of what he called the “pretensions” of English law as the law of the British Empire, despite the significant Scottish engagement (amply re-demonstrated since Smith's death by the work of Tom Devine and Michael Fry)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT