The regulation of cohabitants in Scottish succession law

Ten years ago, cohabitants in Scotland had no statutory rights in respect of their deceased partner’s estate. Section 29 of the Family Law (Scotland) Act 2006 gave cohabitants the right to apply to the court for discretionary provision from their deceased partner’s intestate estate. This thesis examines the process of making such an application and the way that the provisions have been applied in practice. The juxtaposition of the Family Law (Scotland) Act 2006 and the existing rules for intestate succession in the Succession (Scotland) Act 1964 is considered, with particular focus on the subordination of cohabitants’ rights to the succession rights of a surviving spouse, and the negative impact that this may have on children. It is concluded that the current succession framework is incapable of protecting cohabitants and children in reconstituted families. Potential measures are considered to displace the traditional primacy of marital succession rights, and provide a fair and flexible system of succession law that is capable of dealing with complex family structures.

Robert Edward’s Commonplace Book: the context and function of a seventeenth-century Scottish music manuscript (GB-En MS.9450), with an edition of the musical content

This study concerns the manuscript music book of Robert Edward (c. 1614–c. 1697), minister, author and musician. The manuscript, formerly part of the library at Panmure House, is now held in the National Library of Scotland and is commonly referred to as ‘Robert Edward’s Commonplace Book’ (GB-En MS.9450). The present study is in two parts and begins with an exploration of the physical book, including the structure, compilation, hands and ownership before a second chapter explores the biography of the eponymous owner, contextualising GB-En MS.9450 locally and nationally. The third chapter concerns the function of the manuscript which, it is argued, is closely related to pedagogy. The final three chapters discuss the content of the manuscript, taking in turn the vocal music, instrumental music and the selection of Italian three-part villanelle. The implications for dating and use arising from the first part of this

The standardisation of Scottish Gaelic orthography 1750-2007: a corpus approach

This thesis investigates the standardisation of Modern Scottish Gaelic orthography from the mid-eighteenth century to the twenty-first. It presents the results of the first corpus-based analysis of Modern Scottish Gaelic orthographic development combined with an analytic approach that places orthographic choices in their sociolinguistic context. The theoretical framework behind the analysis centres on discussion of how the language ideologies of the phonographic ideal, historicism, autonomy, vernacularism and the ideology of the standard itself have shaped orthographic conventions and debates. It argues that current spelling norms reflect an orthography that is the result of compromise, historical factors and pragmatic function. The research uses a digital corpus to examine how three particular features have been used over time: the dialect variation between <eu> and <ia>; variation in s + stop consonant clusters (sd/st, sg/sc, sb/sp); and the use of the grave and acute accents. Evidence is drawn from the Corpas na Gàidhlig electronic corpus created at the University of Glasgow: the sub-corpus used in this study includes 117 published texts representing a period of over 250 years from 1750 to 2007, and a total size of over four and a quarter million words. The results confirm a key period of reform between 1750 and the early nineteenth century, and thereafter a settled norm being established in the early nineteenth century. Since then, some variation has been acceptable although changes and reform of some features have centred on increasing uniformity and regularisation.

Adapting to change in contemporary Irish and Scottish culture: fiction to film

Abstract available: p. [ii]-[iii].

The Scottish Parliament in the 15th and 16th centuries

Earlier histories of the Scottish parliament have been somewhat constitutional in emphasis and have been exceedingly critical of what was understood to be parliament's subservience to the crown. Estimates by constitutional historians of the extreme weakness of parliament rested on an assessment of the constitutional system. The argument was that many of its features were not consistent with a reasonably strong parliament. Because the 'constitution' is apparently fragmented, with active roles played by bodies such as the lords of articles, the general council and the convention of estates, each apparently suggesting that parliament was inadequate, historians have sometimes failed to appreciate the positive role played by the estates in the conduct of national affairs. The thesis begins with a discussion of the reliability of the printed text of APS and proceeds to an examination of selected aspects of the work of parliament in a period from c 1424-c 1625. The belief of constitutional historians such as Rait that conditions In Scotland proved unfavourable to the interests and. effectiveness of parliament in the fifteenth and sixteenth centuries, is also examined. Chapter 1 concludes that APS is a less than reliable text, particularly for the reign of James I. Numerous statutes were excluded from the printed text and they are offered below for the first time. These statutes have been a useful addition to our understanding of the reign of James I. Chapter 2 analyses the motives behind the schemes for shire representation and concludes that neither constitutional theory nor political opportunism explains the support which James I and James VI gave to these measures. Both these monarchs were motivated by the realisation that their particular ambitions were dependent on winning the support of the estates whose ranks should include representatives from the shires. Chapter 3 examines the method of electing the lords of articles, the composition of this committee, and some aspects of its operation. The conclusion is that in the main the estates were the deciding force in the choice of the lords of articles. The committee's composition was more a reflection of a desire for a balance between representatives from north and south of the Forth and for the most important burghs and clergy to be selected than an attempt at electing government favourites. The articles did exercise a significant control over the items which came before parliament but this control was not absolute and applied to government as well as private legislation. Chapter 4 questions the traditional view that the general council and convention of estates were the same body. It is argued that they were two different institutions with different powers, but that they nevertheless worked within certain limits and were careful not to usurp the authority of parliament. Chapter 5 concedes that taxation was sometimes decided outside parliament; that the irregularity of taxation certainly weakened the bargaining power of the estates and that the latter did not appear to capitalise on these occasions when taxation was an issue. But the tendency was to ensure that, whether in or out of parliament, the decision to impose taxation was taken by a large number of each estate. The infrequency of taxation was a direct consequence of an unwillingness among the estates to agree to a regular taxation and their preference to ensure for the crown an alternative source of income. Moreover taxation was one issue, which more than any other, would be subject to contentious opposition by the estates, and could lead to the crown's defeat. Chapter 6 is concerned with ecclesiastical representation after the Reformation and the church's attitudes to the possibility of ministerial representation. Some ministers had doctrinal misgivings but the majority came to believe that the church's absence from parliament bad severely reduced. the influence of the church. That no agreement was forthcoming on a system of ministerial representation, particularly after 1597, is attributable to the estates' unwillingness to compromise and, not to the strength of opposition in the church. Chapter 7 examines the institutions which are sometime seen as 'rivals' of parliament and concludes that institutions such as the privy council were generally very careful in matters which needed the approval of parliament, and seemed aware of the greater authority of parliament. Chapter 8 which illustrates how parliament had the right to be consulted in all important matters of state, brings together the main points of the earlier chapters and offers further illustrations of the essential role which parliament played in the conduct of national affairs. Whether or not the system can be regarded as constitutionally sound, the estates in Scotland could observe parliament's day-to-day operation with some satisfaction. All in all, there is little convincing evidence that parliament was as weak as some historians would have us believe.

The pathophysiology of CADASIL: studies in a Scottish cohort

Since identification that mutations in NOTCH3 are responsible for cerebral autosomal dominant arteriopathy with subcortical infarcts and leucoencephalopathy (CADASIL) in the early 1990s, there has been extensive characterisation of the clinical and radiological features of the disease. However therapeutic interventions remain elusive, partly due to a limited understanding of the vascular pathophysiology and how it leads to the development of strokes, cognitive decline and disability. The apparent rarity and heterogenous natural history of CADASIL potentially make conducting any longitudinal or therapeutic trials difficult. The role of disease biomarkers is therefore of some interest. This thesis focuses on vascular function in CADASIL and how it may relate to clinical and radiological markers of disease. Establishing the prevalence of CADASIL in the West of Scotland was important to assess the impact of the disease, and how feasible a trial would be. A mutation prevalence of 10.7 per 100,000 was demonstrated, suggesting significant under diagnosis of the disease across much of Scotland. Cerebral hypoperfusion is thought to be important in CADASIL, and it has been shown that vascular abnormalities precede the development of brain pathology in mouse models. Investigation of vascular function in patients, both in the brain and systemically, requires less invasive measures. Arterial spin labelling magnetic resonance imaging (MRI) and transcranial Doppler ultrasound (TCD) can both be used to obtain non-invasive and quantifiable indices of vascular function. Monitoring patients with MRI whilst they receive different concentrations of inspired oxygen and carbon dioxide can provide information on brain function, and I reviewed the practicalities of this technique in order to guide the design of the studies in this thesis. 22 CADASIL patients were recruited to a longitudinal study. Testing included peripheral vascular assessment, assessment of disability, neurological dysfunction, mood and cognition. A CO2 reactivity challenge during both TCD and arterial spin labelling MRI, and detailed MRI sequences were obtained. I was able to demonstrate that vasoreactivity was associated with the number of lacunes and brain atrophy, as were carotid intima-media thickness, vessel stiffness, and age. Patients with greater disability, higher depressive symptoms and poorer processing speed showed a tendency to worse cerebral vasoreactivity but numbers were small. This observation suggests vasoreactivity may have potential as a therapeutic target, or a biomarker. I then wished to establish if arterial spin labelling MRI was useful for assessing change in cerebral blood flow in CADASIL patients. Cortical grey matter showed the highest blood flow, mean (SD), 55 (10) ml/100g/min and blood flow was significantly lower within hyperintensities (19 (4) ml/100g/min; p <0.001). Over one year, blood flow in both grey matter (mean -7 (10) %; p = 0.028) and deep white matter (-8 (13) %; p = 0.036) declined significantly. Cerebrovascular reactivity did not change over one year. I then investigated whether baseline vascular markers were able to predict change in radiological or neuropsychological measures of disease. Changes in brain volume, lacunes, microbleeds and normalised subcortical hyperintensity volume (increase of 0.8%) were shown over one year. Baseline vascular parameters were not able to predict these changes, or those in neuropsychological testing. NOTCH3 is found throughout the body and a systemic vasculopathy has been seen particularly affecting resistance vessels. Gluteal biopsies were obtained from 20 CADASIL patients, and ex vivo myography investigated the response to vasoactive agents. Evidence of impairment in both vasodilation and vasoconstriction was shown. The addition of antioxidants improved endothelium-dependent relaxation, indicating a role for oxidative stress in CADASIL pathology. Myography measures were not related to in vivo measures in the sub-group of patients who had taken part in both studies. The small vessels affected in CADASIL are unable to be imaged by conventional MR imaging so I aimed to establish which vessels might be responsible for lacunes with use of a microangiographic template overlaid onto brain images registered to a standard brain template. This showed most lacunes are small and associated with tertiary arterioles. On the basis of this thesis, it is concluded that vascular dysfunction plays an important role in the pathophysiology of CADASIL, and further assessment of vascular measures in longitudinal studies is needed. Arterial spin labelling MRI should be used as it is a reliable, non-invasive modality that can measure change over one year. Furthermore conventional cardiovascular risk factor prevention should be undertaken in CADASIL patients to delay the deleterious effects of the disease.

Our own language: Scots verse translation and the second-generation Scottish renaissance

This thesis examines the role of Scots language verse translation in the second-generation or post-war Scottish Renaissance. The translation of European poetry into Scots was of central importance to the first-generation Scottish Renaissance of the nineteen twenties and thirties. As Margery Palmer McCulloch has shown, the wider cultural climate of Anglo-American modernism was key to MacDiarmid’s conception of the interwar Scottish Renaissance. What was the effect on second-generation poet-translators as the modernist moment passed? Are the many translations undertaken by the younger poets who emerged in the course of the nineteen forties and fifties a faithful reflection of this cultural inheritance? To what extent are they indicative of a new set of priorities and international influences? The five principal translators discussed in this thesis are Douglas Young (1913-1973), Sydney Goodsir Smith (1915-1975), Robert Garioch (1909-1981), Tom Scott (1918-1995) and William J. Tait (1918-1992). Each is the subject of a chapter, in many cases providing the first or most extensive treatment of particular translations. While the pioneering work of John Corbett, Bill Findlay and J. Derrick McClure, among other scholars, has drawn attention to the long history of literary translation into Scots, this thesis is the first extended critical work to take the verse translations of the post-MacDiarmid makars as its subject. The nature and extent of MacDiarmid’s influence is considered throughout, as are the wider discourses around language and translation in twentieth-century Scottish poetry. Critical engagement with a number of key insights from theoretical translation studies helps to situate these writers’ work in its global context. This thesis also explores the ways in which the specific context of Scots translation allows scholars to complicate or expand upon theories of translation developed in other cultural situations (notably Lawrence Venuti’s writing on domestication and foreignisation). The five writers upon whom this thesis concentrates were all highly individual, occasionally idiosyncratic personalities. Young’s polyglot ingenuity finds a foil in Garioch’s sharp, humane wit. Goodsir Smith’s romantic ironising meets its match in Scott’s radical certainty of cause. Tait’s use of the Shetlandic tongue sets him apart. Nonetheless, despite the great variety of style, form and tone shown by each of these translators, this thesis demonstrates that there are meaningful links to be made between them and that they form a unified, coherent group in the wider landscape of twentieth-century Scottish poetry. On the linguistic level, each engaged to some extent in the composition of a ‘synthetic’ or ‘plastic’ language deriving partly from literary sources, partly from the spoken language around them. On a more fundamental level, each was committed to enriching this language through translation, within which a number of key areas of interest emerge. One of the most important of these key areas is Gaelic – especially the poetry of Sorley MacLean, which Young, Garioch and Goodsir Smith all translated into Scots. This is to some extent an act of solidarity on the part of these Scots poets, acknowledging a shared history of marginalisation as well as expressing shared hopes for the future. The same is true of Goodsir Smith’s translations from a number of Eastern European poets (and Edwin Morgan’s own versions, slightly later in the century). The translation of verse drama by poets is another key theme sustained throughout the thesis, with Garioch and Young attempting to fill what they perceived as a gap in the Scots tradition through translation from other languages (another aspect of these writers’ legacy continued by Morgan). Beyond this, all of the writers discussed in this thesis translated extensively from European poetries from Ancient Greece to twentieth-century France. Their reasons for doing so were various, but a certain cosmopolitan idealism figures highly among them. So too does a desire to see Scotland interact with other European nations, thus escaping the potentially narrowing influence of post-war British culture. This thesis addresses the legacy of these writers’ translations, which, it argues, continue to exercise a perceptible influence on the course of poetry in Scotland. This work constitutes a significant contribution to a much-needed wider critical re-assessment of this pivotal period in modern Scottish writing, offering a fresh perspective on the formal and linguistic merits of these poets’ verse translations. Drawing upon frequently obscure book, pamphlet and periodical sources, as well as unpublished manuscripts in the National Library of Scotland and the Shetland Archives, this thesis breaks new ground in its investigation of the role of Scots verse translation in the second-generation Scottish Renaissance.

A universally delivered CBT based intervention in a Scottish secondary school: a pilot feasibility study

Objectives: To evaluate the feasibility of a universally delivered CBT-based programme for pupils within a Scottish secondary school setting. Design: A pre-post, within and between groups design was utilised. Setting: Religious Moral Citizenship and Education (RMCE) classes in a Scottish secondary school. Participants: Four (n = 103) classes of third year secondary school pupils were arbitrarily allocated to two conditions: RMCE-as usual (RMCE-AU) controls, and LLTTF intervention. Intervention: Living Life to the Full (LLTTF) is a series of Cognitive Behavioural Therapy (CBT)-based booklets and accompanying 8 classes to improve coping skills. An adolescent version of LLTTF was recently developed. This was delivered over nine weeks by school teachers trained in the approach. Outcome measures: The Strengths and Difficulties Questionnaire, Rosenberg Self-Esteem scale, General Self-Efficacy Scale, and Locus of Control scale were administered at baseline and 9 week follow-up. To determine acceptability and utility of the materials course feedback was gathered weekly from the intervention group and a focus group (n=5) was conducted at 3 month follow up. Results: Outcome measures showed no significant improvement in overall wellbeing of those in the intervention group compared with that of the control group. Weekly feedback suggested that the majority of pupils found the materials useful and relevant. Focus group feedback suggested that pupils found the intervention useful, had utilised strategies in everyday life and would welcome recurring provision of such interventions within the school setting. Conclusions: Universally delivered CBT intervention is acceptable and feasible within the secondary school environment. However, objective measurement using standardised tools does not adequately corroborate qualitative feedback from pupils. Issues relating to measurement, study design and implementation of future interventions are discussed.

Film policy in practice: a case study of Scottish Screen’s funding schemes

This thesis examines cultural policy for film in Scotland, from 1997 to 2010. It explores the extent to which the industry is shaped by film policy strategies and through the agency of public funding bodies. It reflects on how Scottish Screen, Scotland’s former screen agency, articulated its role as a national institution concerned with both commercial and cultural remits, with the conflicting interests of different industry groups. The study examines how the agency developed funding schemes to fulfil policy directives during a tumultuous period in Scottish cultural policy history, following the establishment of the Scottish Parliament with the Scotland Act 1998 and preceding the Independence Referendum Act 2013. In order to investigate how policy has shaped the development of a national film industry, a further two case studies are explored. These are Tartan Shorts, Scotland’s former flagship short film scheme, and the Audience Development Fund, Scotland’s first project based film exhibition scheme. The first study explores the planning, implementation and evaluation of the scheme as part of the agency’s talent development strategy. The outcomes of this study show the potential impact of funding methods aimed at developing and retaining Scottish filmmaking talent. Thereafter, the Scottish exhibition sector is discussed; a formerly unexplored field within film policy discussions and academic debate. It outlines Scottish Screen’s legacy to current film exhibition funding practices and the practical mechanisms the agency utilised to foster Scottish audiences. By mapping the historical and political terrain, the research analyses the specificity of Scotland within the UK context and explores areas in which short-term, context-driven policies become problematic. The work concludes by presenting the advantages and issues caused by film funding practices, advocating what is needed for the film industry in Scotland today with suggestions for long-term and cohesive policy development.

Epidemiological studies of Johne’s Disease in cattle from Scottish farms, with a focus on slaughterhouse investigations

The PARABAN project has been a Scotland-wide initiative to develop and deliver farm-specific ‘best practice’ for the control of Mycobacterium avium ssp. paratuberculosis (MAP) in cattle using ‘Knowledge Exchange’. A range of partners have been involved, including nine ‘Champion Farms’. With input from the farmer, his/her vet and PARABAN advisors, a tailored monitoring and control programme was devised for each ‘Champion Farm’, taking into account the history of the disease on the farm, the physical facilities available and farmer objectives. Culling decisions based on live animal test results were incorporated into each farm-specific programme to complement the management programme already in place to maintain each herd. Results were analysed and discussed with all the partners throughout the project and then offered for wider scrutiny at farm open days. Feedback and questions from these open days have been used to complete the ‘Knowledge Exchange’ cycle. As a major component of the PARABAN project the author collected samples from all adult animals culled from ‘Champion Farms’ at slaughter or as fallen stock, irrespective of in-life MAP test status. These were then subjected to histopathological examination by experienced veterinary pathologists and the results compared with the results from in-life MAP testing. This was intended to evaluate the contribution slaughterhouse sampling could make towards decision making for disease control on farm and formed the main aim of this thesis. In total, samples of terminal ileum and draining lymph node were collected from three-hundred and fifty-two animals. A positive result on histopathology was defined as the presence of lesions typical of MAP and also the presence of acid-fast bacteria within the sections. There was found to be fair agreement between the overall results from histopathology and serum ELISA (Kappa = 0.33), though there appeared to be some variation in agreement between the tests on the individual ‘Champion Farms’. The presence of MAP was confirmed in seven of the eight farms which contributed animals to this study, despite sometimes prolonged efforts at controlling the disease. A separate study was undertaken to make use of the archives of the Scottish Centre for Production Animal Health and Food Safety at the Veterinary School, University of Glasgow. The archive contained records of cases from across southern Scotland and northern England. Analysis of the data generated from examination of these records suggested that MAP is widespread within the Scottish cattle herd and may well be increasing

Devotional reading and dissolving the self: a critical reading of the late medieval Scottish Legendary using Kristevan theory

The Scottish Legendary is a fourteenth century collection of saints’ lives in Older Scots. The prologue describes the lives as ‘merroure’ (mirror) to readers from which ‘men ma ensample ta’ (people may take example). Thus, the Legendary sets out to reveal how the reader is (mirror) thereby moving her to wish to become how she should be (exemplarity). This dissertation argues that, rather than encouraging devotion to saints along purely dogmatic lines, the Legendary transforms the reader’s selfhood by engaging her affectively, i.e. on an emotional and somatic level. By provoking the reader affectively, the text puts the reader into what Julia Kristeva has described as a ‘semiotic state’ which harks back to the reader’s or listener’s pre-cultural, pre-subjective self (Kristeva, 1984). Thus, the text disrupts the reader’s conception of herself as a complete, hermetic subjectivity, thereby dissolving the boundaries of the reader’s self. The Legendary most powerfully infiltrates the reader’s sense of self along these lines in the moments in which female saints’ bodies are tortured and dismembered. These scenes foreground the permeability of human flesh as well as its powerful influence over selfhood. Such images of abjection are, in Kristeva’s words, ‘opposed to I’; by confronting the reader with the disintegration of subjectivity in abjection, the text incites the reader to likewise experience herself as abject, i.e. disintegrable and permeable (Kristeva 1982). As I shall demonstrate, Kristeva’s psychoanalytic theory of the formation of the self offers a fruitful framework for understanding the processes of self-knowledge through reading that these saints’ lives inspire.