Samuel Parsons Scott (8 July 1846 – 30 May 1929), known as S. P. Scott, was an American attorney, banker and scholar. He was born in
Hillsboro, Ohio
Hillsboro is a city in and the county seat of Highland County, Ohio, United States approximately 35 mi (56 km) west of Chillicothe, and 50 miles east of Cincinnati. The population was 6,605 at the 2010 census.
History
Hillsboro was p ...
, where he received a classics-based education at the Hillsboro Academy; he went on to earn his A.B. degree from the
Miami University
Miami University (informally Miami of Ohio or simply Miami) is a public research university in Oxford, Ohio. The university was founded in 1809, making it the second-oldest university in Ohio (behind Ohio University, founded in 1804) and the 10 ...
in 1868, was elected to
Phi Beta Kappa
The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal a ...
, and obtained his A.M. degree from the same institution the following year. Scott was licensed to practice law in 1868 and was an attorney for several years in Leavenworth, Kansas and in San Francisco, but he left the practice of law in 1875 to return to Hillsboro and the family banking business. Thereafter, he also traveled in Europe, studied, and wrote. Late in his life, he served for many years on the editorial staff of the American Bar Association's
Comparative Law Bureau
The ''Annual Bulletin'' of the Comparative Law Bureau of the American Bar Association (ABA) was a U.S. specialty law journal (1908–1914, 1933). The first comparative law journal in the United States, it surveyed foreign legislation and legal lit ...
.
Scholarship
In the early 1860s, Scott wrote many articles about his travels in Spain and then reworked them into his first book, ''Through Spain'', which was published in 1886. Scott demonstrated his growing interest in the history and culture of Europe during the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
and late antiquity in his work of popular scholarship ''The History of the Moorish Empire in Europe'', which remains in print. He followed that in 1910 with his translation of early medieval Spanish law ''The
Visigothic Code
The ''Visigothic Code'' ( la, Forum Iudicum, Liber Iudiciorum; es, Fuero Juzgo, ''Book of the Judgements''), also called ''Lex Visigothorum'' (English: ''Law of the Visigoths''), is a set of laws first promulgated by king Chindasuinth (642–653 ...
''. The remainder of Scott's scholarship was not published until after his death in 1929. In 1931, after years of lobbying by
Charles S. Lobingier, the American Bar Association's Comparative Law Bureau published Scott's ''
Las Siete Partidas
The ''Siete Partidas'' (, "Seven-Part Code") or simply ''Partidas'', was a Castilian statutory code first compiled during the reign of Alfonso X of Castile (1252–1284), with the intent of establishing a uniform body of normative rules for the ...
'', an English translation of the law code ordered by
Alfonso X of Castile
Alfonso X (also known as the Wise, es, el Sabio; 23 November 1221 – 4 April 1284) was King of Castile, León and Galicia from 30 May 1252 until his death in 1284. During the election of 1257, a dissident faction chose him to be king of Germ ...
, which was well received and was reprinted in 2001. In 1932 Scott's executors published his ''The Civil Law''—the first English translation of the entire ''
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
''.
Unfortunately, Scott did not base his translation of the ''
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
'' on the best available Latin versions, and his work was severely criticized. The noted English legal historian
W. W. Buckland
William Warwick Buckland, Fellow of the British Academy, FBA (11 June 1859 – 16 January 1946) was a scholar of Roman law, Regius Professor of Civil Law (Cambridge), Regius Professor of Civil Law at the University of Cambridge from 1914 to 1945.
...
wrote that Scott "...had at his disposal an adequate latinity and has produced a version written in an English which can be read with pleasure. But much more than that was needed, and the work cannot be said to satisfy these further requirements." Buckland went on to say of some errors he noted: "These and many others like them would have disappeared if Mr. Scott had survived to see his work through the press..." But there were more fundamental problems with Scott's translation. Another commentator pointed out that while Scott had a good command of classical literary Latin, he was an amateur, operating on his own and that, moreover, "He did not use
Mommsen's great critical edition of the
Digest...limiting the usefulness of the translation...
nd that though Scott's work was published in 1932, it shows no knowledge of any of the impressive achievements of Roman law scholarship made since the middle of the nineteenth century." Ironically, at the same time Scott was creating his solo translation,
Fred H. Blume
Fred Heinrich Blume (; January 9, 1875 – September 26, 1971), or Fred H. Blume, as he referred to himself, was a German-born American attorney and judge. He served as a justice of the Wyoming Supreme Court for 42 years, from 1922 to 1963, and b ...
also was working by himself to translate ''
Codex Justinianus
The Code of Justinian ( la, Codex Justinianus, or ) is one part of the ''Corpus Juris Civilis'', the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, t ...
'' and the ''
Novellae Constitutiones
The ("new constitutions"; grc, Νεαραὶ διατάξεις), or ''Justinian's Novels'', are now considered one of the four major units of Roman law initiated by Roman emperor Justinian I in the course of his long reign (AD 527–565). The o ...
'', two parts of the same compilation ordered by
Justinian I
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565.
His reign is marked by the ambitious but only partly realized ''renovat ...
,
Eastern Roman Emperor
This is a list of the Byzantine emperors from the foundation of Constantinople in 330 AD, which marks the conventional start of the Eastern Roman Empire, to its fall to the Ottoman Empire in 1453 AD. Only the emperors who were recognized as le ...
.
Death and legacy
Late in life, Scott became reclusive—probably due to the controversy surrounding the voluntary liquidation of his bank and a desire to spend more time writing. When he died of pneumonia in 1929, at age 83, he left his 8,000-volume library and most of his large estate to the Jefferson Medical College to endow a library; this is now the Scott Memorial Library at
Thomas Jefferson University
Thomas Jefferson University is a private research university in Philadelphia, Pennsylvania. Established in its earliest form in 1824, the university officially combined with Philadelphia University in 2017. To signify its heritage, the univer ...
. Despite the negative critical reception for some of his writings, on the whole they amount to an impressive achievement. ''
Las Siete Partidas
The ''Siete Partidas'' (, "Seven-Part Code") or simply ''Partidas'', was a Castilian statutory code first compiled during the reign of Alfonso X of Castile (1252–1284), with the intent of establishing a uniform body of normative rules for the ...
'' in particular has stood-up well to the test of time.
["The Enigma of Samuel Parsons Scott," supra note 1 at 34-35. For a complete list of Scott's writings and reviews of his work, see Timothy G. Kearley, "Lost in Translations: Roman Law Scholarship and Translation in Early-Twentieth Century America" 191-193 (2018).]
Writings
Algernon Sidney, 6 POTTER’S AMERICAN MONTHLY 333-341 (May 1876).
Granada and the Alhambra, 1 (new series), 27 (old series) LIPPINCOTT’S MAG. OF POPULAR LITERATURE & SCI. 425-435 (May 1881).
Cordova, 2 (n.s.), 28 (o.s.) LIPPINCOTT’S MAG. POPULAR LITERATURE & SCI. 334-344 (Oct. 1881).
Seville, 3 (n.s.), 29 (o.s.) LIPPINCOTT’S MAG. POPULAR LITERATURE & SCI. 9-20 (Jan. 1882).
Pictures of Andalusia, 18 POTTER’S AM. MONTHLY 121-131 (Feb. 1882).
Tunis and Carthage (part 1), 18 POTTER’S AM. MONTHLY 481-491 (May 1882).
Tunis and Carthage (part 2), 18 POTTER’S AM. MONTHLY 601-610 (June 1882).
Toledo, 3 (n.s.), 29 (o.s.) LIPPINCOTT’S 529-540 (June 1882).
Sargossa, 5 (n.s.), 31 (o.s.) LIPPINCOTT’S 113-122 (Jan. 1883).
A National Pastime, 3 THE CONTINENT 387-396 (March 28, 1883).
THROUGH SPAIN: A NARRATIVE OF TRAVEL AND ADVENTURE IN THE PENINSULA. (Lippincott 1886; photoreprint British Library Historical Print editions 2011).
HISTORY OF THE MOORISH EMPIRE IN EUROPE (Lippincott 1904; photoreprint AMS Press 1977) (3 vols.).
Foreign Legislation, Jurisprudence and Bibliography—Spain, 1 ANN. BULL. COMP. L. BUREAU A.B.A. 64-65 (1908).
Foreign Legislation, Jurisprudence and Bibliography—Spain, 2 ANN. BULL. COMP. L. BUREAU A.B.A. 144-145, 152-153 (1909).
Spanish Jurisprudence Comparatively Considered, 2 ANN. BULL. COMP. L. BUREAU A.B.A. 14-25 (1909).
Spanish Criminal Law Compared with that Branch of Anglo-Saxon Jurisprudence, 3 ANN. BUL. COMP. L. BUREAU A.B.A. 62-80 (1910).
Foreign Legislation, Jurisprudence and Bibliography—Spain, 3 ANN. BULL. COMP. L. BUREAU A.B.A. 201-203 (1910).
Foreign Legislation, Jurisprudence and Bibliography—Spain, 4 ANN. BULL. COMP. L. BUREAU A.B.A. 167-168 (1911).
Foreign Legislation, Jurisprudence and Bibliography—Spain, 5 ANN. BULL. COMP. L. BUREAU A.B.A. 160-161 (1912).
Foreign Legislation, Jurisprudence and Bibliography—Spain, 6 ANN. BULL. COMP. L. BUREAU A.B.A. 112-114 (1913).
Foreign Legislation, Jurisprudence and Bibliography—Spain, 7 ANN. BULL. COMP. L. BUREAU A.B.A. 185-186 (1914).
THE VISIGOTHIC CODE (FORUM JUDICUM). (Boston Book Co. 1910; photoreprint Rothman 1982.)
THE LAWS OF ANCIENT CASTILLE and THE CRIMINAL CODE OF SPAIN (unpublished manuscripts, noted in 38 ANN. REP. A.B.A. 883 (1915).
European Literature and Legislation—Spain, 1 A.B.A.J. 164-166 (1915).
European Literature and Legislation—Spain, 2 A.B.A.J. 275-277 (1916).
European Literature and Legislation—Spain, 3 A.B.A.J. 265-269 (1917).
European Literature and Legislation—Spain, 4 A.B.A.J. 207-208 (1918).
Practice in the Courts of Ancient Rome, 24 CASE & COMMENT 687-699 (1918).
European Literature and Legislation—Spain, 5 A.B.A.J. 301-304 (1919).
European Literature and Legislation—Spain, 6 A.B.A.J. 337-340 (1920).
European Literature and Legislation—Spain, 7 A.B.A.J. 200 (1921).
European Literature and Legislation—Spain, 8 A.B.A.J. 248-249 (1922).
European Literature and Legislation—Spain, 9 A.B.A.J. 262 (1923).
European Literature and Legislation—Spain, 10 A.B.A.J. 284-285 (1924).
European Literature and Legislation—Spain, 11 A.B.A.J. 262-263 (1925).
European Literature and Legislation—Spain, 12 A.B.A.J. 339-340 (1926).
European Literature and Legislation—Spain, 13 A.B.A.J. 230-231 (1927).
LAS SIETE PARTIDAS (Commerce Clearing House & Comparative Law Bureau, Am. Bar. Assoc. 1931; modified reprint U. Penn. Press 2001)(5 vols.)).
THE CIVIL LAW (Central Trust Co. 1931 (17 vols.); photoreprint AMS Press 1973 (7 vols.); photoreprint Law Book Exchange (2001)(7 vols.)).
References
{{DEFAULTSORT:Scott, Samuel Parsons
1846 births
1929 deaths
People from Hillsboro, Ohio
Ohio lawyers
19th-century American lawyers
American legal scholars
Miami University alumni
American bankers
American translators
Latin–English translators
Spanish–English translators