Whether we are conscious of it or not we are part of many different communities everyday, including the country in which we live. Our national identity in part defines who we are and our actions. Overlapping and at times conflicting with this national culture are local, regional cultures.
While certainly not the only nation with strong local identities, the recent vote on the Scottish referendum highlighted the tensions that exist between these identities in the UK. Interestingly, the media coverage focused more on economic and political impact than cultural. Raising the question: is there a strong cultural British identity?
The controversial Edinburgh Parliament building
People in Scotland would certainly identify as Scottish first and British second. History, environment, and economy have all contributed to a separate Scottish identity, but so has governmental and judicial structures. The extent of self government in Scotland has fluctuated over the years. In 1999, Scotland gained its own executive government, which exercises considerable power over internal issues, but at the same time, this governmental structure is part of the sovereign state of the United Kingdom.
Scotland’s relationship to the UK is in many ways similar to the relationship between charter borough governments and the central government in late medieval England. Royal boroughs were towns the king granted the right to establish and administer their own governmental and judicial bodies. At the same time, these boroughs were governed by the crown and common law. These overlapping jurisdictions could result in tensions between the local community and the central government.
So how is local, regional culture shaped through these governing structures? Medieval borough courts regulated trade, social norms, and sanitation. In addition, they provided a peaceful means of settling civic disputes. Urban elites emphasized the role of the courts in maintaining the fabric of the community. Although elites had multiple motivations for this justification, there were many examples of people fighting back when they felt the good of the community was no longer a priority to those in charge. Law was an important part of the local community at multiple social levels.
At the same time, borough governments were charged with administering common law on behalf of the king meaning that the central government was a factor in these communities. The increasing centralization of law is a favorite story of legal historians, but it was not a linear process and regional and institutional variation in judicial structures were important to local communities. Despite the growth of a national legal culture, borough communities fought to hold onto their traditional rights of self-government. Similarly, the increased calls for Scottish independence occurred at a time when Scottish and British cultures are becoming less distinct due to travel, social media, etc.
Perhaps law is one way in which people attempt to hold onto traditional culture. Socio-legal scholars have described law as conservative and a step behind social change. This desire to hold onto or increase regional law can be seen as a way to protect the regional identity in the face of increasing nationalization.
Westminster 