Papers by John MacAskill
The Journal of Legal History, 2019
Paper delivered to the 38th Annual Conference and AGM of the Scottish Legal History Group, 6 Octo... more Paper delivered to the 38th Annual Conference and AGM of the Scottish Legal History Group, 6 October 2018. This paper is about the management of Scotland’s Crown-owned foreshore during the period between 1833 and the present, and concludes with a review of the Scottish Crown Estate Bill currently before the Scottish Parliament. The theme that runs through the paper is: whether the public interest should be the touchstone for how the foreshore should be managed or whether it should be managed ‘so as to realise the greatest amount of revenue that can legitimately be obtained’ , and how, if at all, these two principles can be reconciled or whether there is an inherent conflict between them; and further whether, given the virtual monopoly which the Crown has over the foreshore, its management should be treated in a different way from all the other Crown estate assets.
A short note for the Edinburgh University Blog on the significance of history for the Scottish Cr... more A short note for the Edinburgh University Blog on the significance of history for the Scottish Crown Estate Bill currently before the Scottish Parliament
This article examines the dispute between private proprietors and the Crown over the ownership of... more This article examines the dispute between private proprietors and the Crown over the ownership of the Scottish foreshore in the second half of the nineteenth century and, in particular, the work of the Association of Seaboard Proprietors of Scotland. The existence and facts of the dispute and the work of the Association have not had any attention in Scottish historiography, an omission which, this article suggests, has led to the development of a consensus in relation to the kelp industry in the highlands and islands-namely that the economic benefits of the industry accrued to the proprietors through their unchallenged exclusive ownership and control of the foreshore-being based on a shallow foundation. There is another matter which the dispute over the ownership of the foreshore discussed in this article highlights: it has not been appreciated that the work of the crofters and cottars in the kelp industry enabled many of the proprietors to extend the legal boundaries to their estates and this article draws attention to the role which crofters and cottars had in the establishment of title to the foreshore: an aspect of the kelp industry which has not had sufficient attention. The examination of the dispute also contributes to a deeper understanding of how proprietors viewed, and acted in relation to, their property rights in the nineteenth century and of the reactions of Government when faced by institutional pressure from proprietors, and of the role of law agents who acted on behalf of the proprietors. When Canon R.C. Macleod, writing in 1939, said: The kelp, of course, was found upon the foreshore, i.e. the shore between the high and low water marks. It was a very fortunate thing for Highland proprietors that it never occurred to the Government to make a claim to the foreshores of Scotland during the palmy days of the kelp industry. 1 he was drawing attention to the dispute between private proprietors and the Crown over the ownership of the Scottish foreshore in the second half of the nineteenth century and, in particular, the work of the
Famines and food scarcities in the Highlands and Islands, apart from those of the 1690s and 1847,... more Famines and food scarcities in the Highlands and Islands, apart from those of the 1690s and 1847, have been under-examined in Scottish historiography. This article considers an aspect of the serious famine of 1836-7: the public response to the famine as reflected by the committees set up to solicit public subscriptions, principally in Edinburgh, Glasgow and London and by the contemporary newspaper reportage. Three themes in particular are examined: the motive and role of the proprietors in seeking subscriptions; the extent to which the evangelical ethos of the day -that the most potent weapon of God's wrathful providence was famine -influenced the public response; and the highlander as a suitable recipient of public aid. The public response was generous, driven by a strong belief in Christian charity, benevolence, divine direction and philanthropic duty. The highlanders were seen as an object of charity for the debt owed to them by the nation for war time services rendered. The proprietors never shook off the criticism that their appeals to the public were self-serving.
This is an Accepted Manuscript of an article published by Taylor & Francis in Scottish Geographical Magazine on 28 February 2008 available online: http://wwww.tandfonline.com/ DOI:10.1080/00369220418737201, Feb 28, 2008
Books by John MacAskill
Thesis Chapters by John MacAskill
This thesis examines the dispute between the Crown and private proprietors over the ownership of ... more This thesis examines the dispute between the Crown and private proprietors over the ownership of the Scottish kelp shores and the Scottish foreshore generally, between the mid 19th century and the mid 20th century and, in particular, the work and membership of the Association of Seaboard Proprietors of Scotland and the contribution of the 9th Duke of Argyll. The thesis also examines the actions and motivations of proprietors of Highland estates, and their relationship and influence with the Crown and Government departments, in defending their sacred right of property, first in the context of early 19th century threats to the kelp industry are second in the context of later challenges - from the Crown over the ownership of the foreshore, and on behalf of the crofters over the rights to seaware. The existence and facts of the foreshore dispute have not had any attention in the historiography of the Highlands and Islands of Scotland and only the briefest of mentions in the legal historiography. The examination of the foreshore dispute in this thesis casts new light on the Scottish kelp industry. The received wisdom as to the economic benefits of the kelp industry appears to be that the benefits accrued to the proprietors through an unchallenged exclusive ownership by the proprietors of the seaware and the foreshore on which the seaware was found. This thesis suggests we should not accept this received wisdom without, at the very least, acknowledging that for over 100 years the whole question as to ownership was very much a disputed one between the Crown and the private proprietors. This thesis also draws attention to the previously unacknowledged part which crofters and cottars played in the final determination of ownership of the foreshore through their gathering of seaware for kelp and manure.
Book Reviews by John MacAskill
Review of Scottish Culture, 2016
Journal of Scottish Historical Studies, 2019
Landscapes of Protest in the Scottish Highlands after 1914: The Later Highland Wars. By iain J. m... more Landscapes of Protest in the Scottish Highlands after 1914: The Later Highland Wars. By iain J. m. robertson. Burlington: Ashgate publishing, 2013. 266 pp., $114.95, hardback, isBn 978-1-4724-1137 The highland land Wars of the nineteenth century are well covered in the historiography of the highlands and islands of scotland; less so are the land protests between 1914 and 1939 that iain robertson examines here. This book, then, is a welcome and important addition to the scholarly coverage of this part of highland history, especially so given its strong foundation in archival research and oral history.
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Papers by John MacAskill
Books by John MacAskill
Thesis Chapters by John MacAskill
Book Reviews by John MacAskill