Sir Thomas Broun Smith (3 December 1915 – 15 October 1988) was a British lawyer, soldier and academic.

Life

Smith was the son of John Smith, DL, JP, of

Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popu ...

(1885–1954) and his wife, Agnes McFarlane. He was educated at Glasgow High School and

Sedbergh School Sedbergh School is a public school (English independent day and boarding school) in the town of Sedbergh in Cumbria, in North West England. It comprises a junior school for children aged 4 to 13 and the main school for 13 to 18 year olds. ...

Yorkshire Yorkshire ( ; abbreviated Yorks), formally known as the County of York, is a Historic counties of England, historic county in northern England and by far the largest in the United Kingdom. Because of its large area in comparison with other Eng ...

. Smith studied law at

Christ Church, Oxford Christ Church ( la, Ædes Christi, the temple or house, '' ædēs'', of Christ, and thus sometimes known as "The House") is a constituent college of the University of Oxford in England. Founded in 1546 by King Henry VIII, the college is uniq ...

, ( MA 1937, Boulter exhibitioner, Eldon Scholar). He was called to the

English Bar Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecutio ...

Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...

in 1938. He served in the

Gordon Highlanders Gordon may refer to: People * Gordon (given name), a masculine given name, including list of persons and fictional characters * Gordon (surname), the surname * Gordon (slave), escaped to a Union Army camp during the U.S. Civil War * Clan Gord ...

and

Royal Artillery The Royal Regiment of Artillery, commonly referred to as the Royal Artillery (RA) and colloquially known as "The Gunners", is one of two regiments that make up the artillery arm of the British Army. The Royal Regiment of Artillery comprises t ...

from 1939 to 1946, being wounded in Italy, and was

mentioned in dispatches To be mentioned in dispatches (or despatches, MiD) describes a member of the armed forces whose name appears in an official report written by a superior officer and sent to the high command, in which their gallant or meritorious action in the face ...

. He reached the rank of

Lieutenant-Colonel Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colo ...

. Smith was attached to the

Foreign Office Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * Unit ...

in 1946–1947. He was admitted to the

Faculty of Advocates The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constit ...

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...

in 1947. He obtained a DCL ( Oxon) in 1956 and a

LL.D Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the early ...

from the

University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 1 ...

in 1980. He was awarded an honorary doctorate (LLD) at the

University of Cape Town The University of Cape Town (UCT) ( af, Universiteit van Kaapstad, xh, Yunibesithi ya yaseKapa) is a public research university in Cape Town, South Africa. Established in 1829 as the South African College, it was granted full university statu ...

. In 1977 he was elected a Fellow of the

Royal Society of Edinburgh The Royal Society of Edinburgh is Scotland's national academy of science and letters. It is a registered charity that operates on a wholly independent and non-partisan basis and provides public benefit throughout Scotland. It was established i ...

. His proposers were

John Cameron, Lord Cameron John Cameron, Lord Cameron, KT, DSC, PRSE, FBA (8 February 1900 – 30 May 1996) was a Scottish judge and President of the Royal Society of Edinburgh from 1973 to 1976. Life Cameron was born in London, the son of John Cameron SSC NP, a so ...

, Lord Balerno,

George Murray Burnett Prof George Murray Burnett FRSE FRSA FRIC LLD (1921–1980) was a Scottish mathematician and chemist. He served as both Principal and Vice-Chancellor of Heriot-Watt University from 1974 until 1980. He is largely remembered for his work on ...

and

Anthony Elliot Ritchie Anthony Elliot Ritchie FRSE FRCPE LLD (30 March 1915–14 September 1997) was a 20th-century Scottish physiologist and educator. Life Ritchie was born at 20 Upper Gray Street, Edinburgh on 30 March 1915, the only son of Jessie Jane Elliot and ...

and Sir

Thomas Malcolm Knox Sir Thomas Malcolm Knox (28 November 1900 – 6 April 1980) was a British philosopher who served as Principal of St Andrews University from 1953–1966 and Vice-president of the Royal Society of Edinburgh from 1975–1978. Biography Knox w ...

. He was knighted by Queen

Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states durin ...

in 1981. He died in Edinburgh on 15 October 1988.

Family

In 1940 he married Ann Dorothea Tindall. They had three children, a son who died in 1962 and two daughters, one of whom died in 1976. His brother was Sir

Robert Courtney Smith The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honou ...

Academic career

In 1949 he became Professor of Scots Law at the

University of Aberdeen , mottoeng = The fear of the Lord is the beginning of wisdom , established = , type = Public research universityAncient university , endowment = £58.4 million (2021) , budget ...

and was Dean of the Faculty of Law 1950-1953 and 1956–1958. In 1956 he became a

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...

. From 1958 to 1968 he was Professor of Civil Law at the

and from 1968 to 1972 Professor of Scots Law. He was a part-time member of the

Scottish Law Commission The Scottish Law Commission is an advisory non-departmental public body of the Scottish Government. It was established in 1965 to keep Scots law under review and recommend necessary reforms to improve, simplify and update the country's legal sy ...

1965-1972 and full-time 1972–1980. In 1980 he became the General Editor of the ''Laws of Scotland: Stair Memorial Encyclopedia''. Professor Smith was Visiting Professor at Tulane University (Louisiana) 1958 and at

Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...

1962-1963 and he was Tagore Professor,

Calcutta Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, commer ...

, 1977. He was

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...

representative to committees of experts at the International Institute for the Unification of Private Law (UNIDROIT) and the

Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...

. He has been described as one of the most influential, interesting and controversial figures in the development of modern Scots law.

Published works

Smith published a large number of works on legal subjects. Among those were: * Doctrines of Judicial Precedent in Scots Law (1952) * Scotland: The Development of its Laws and Constitution (1955) * British Justice: The Scottish Contribution (1961) * Studies Critical and Comparative (1962) * A Short Commentary on the Law of Scotland (1962) * Property Problems in Sale (1978) * Basic Rights and their Enforcement (1979).

Artistic recognition

His portrait in office, by Tim Cockburn, is held by the University of Edinburgh.

Notes

{{DEFAULTSORT:Smith, Thomas 1915 births 1988 deaths Alumni of Christ Church, Oxford Academics of the University of Edinburgh British legal scholars Gordon Highlanders officers Harvard Law School faculty Royal Artillery officers British diplomats Fellows of the Royal Society of Edinburgh Members of the Faculty of Advocates Alumni of the University of Edinburgh Members of Gray's Inn Knights Bachelor Lawyers awarded knighthoods Fellows of the British Academy Academics of the University of Aberdeen 20th-century King's Counsel Scottish knights Scottish King's Counsel British Army personnel of World War II