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87 Tul. L. Rev. 811 (2012-2013)

handle is hein.journals/tulr87 and id is 859 raw text is: A Friendship in the Law: David Daube and T.B. Smith Hector L. MacQueen* ThdsArticle is a study of the relationship between two academic lawyets of the twentieth century David Daube and Sir Thomas Bmun Smith, with particular focus on their period as colleagues at Aberdeen UGiversity in Scotland in the early 1950s The Article also considers their position in Mlation to the then-recent expenence of World War 17and Nazi Germany It hhghts the importance of the ivlationshp for the development of modem academic law in Scotland The Appendices pubhsh the texts ofivlevant correspondence between the two men. In 1991, Tony Weir drew our attention to five friendships in the law, or relationships to which-to use a lawyer's expression-lawyers were parties.' While he reached no general conclusions about lawyers' friendships, the relationships surveyed were good and rich.2 They included some of the great names of the law-Jean Domat, Oliver Wendell Holmes, Fredrich Carl von Savigny-but it is fair to say that most of the other lawyers discussed by Weir gained their fame outside, or beyond, their profession-Michel de Montaigne, Etienne de la Bo~tie, James Boswell, Jakob Grimm-while some of these lawyers had friends-Blaise Pascal, Samuel Johnson, Harold Laski- whose links with the law came through their friendships and intellectual interests rather than professional or academic commitment. This Article reworks and expands upon an earlier piece that added one further friendship to the examples discussed by Weir, but differs from his examples in that the friends were both academic lawyers of * C 2013 Hector L. MacQueen. Professor of Private Law, University of Edinburgh; Commissioner, Scottish Law Commission. I am grateful to Lady Ann Smith and the Daube family for permission to reproduce the unpublished writings of T.B. Smith and David Daube contained in the appendices to this Article, and to Sir Alan Peacock for much appreciated assistance in other respects. Reinhard Zimmermann kindly identified and made available to me relevant material published in Germany. I received outstanding help and support from the staff of Aberdeen University Library Special Collections in working on the Daube archive in their care. (It was a pleasant coincidence that on one of the days I worked in the archive in July 2012, Jonathan Daube followed his father twenty-two years before in receiving an honorary degree from the University of Aberdeen.) Other assistance is recognised at the appropriate places in the footnotes. 1. Tony Weir, Friendshipsin the Law, 6/7 TuL. CIv. L.F 61, 93 (1991-92). 2. Id, 811

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