... considered in the first part of the essay and its relevance in the current social climate will then be discussed. Finally, reform recommendations will be made, aimed at a system more amenable to the principles of rule of law. Current Obscenity Law in Great Britain The Position in Scotland The Scots law of obscenity has its roots in the nineteenth century and cases since then have relied upon a mixture of legislation and common law principles dating from that period. The Civic Government (Scotland) Act 19821 repealed the preceding noteworthy Scots legislation on the subject, the Burgh Police (Scotland) Acts 1892 to 1911, as well as various other local statutory provisions to the extent that they dealt with obscenity2 and so became the key legislation on the subject3. Obscenity is not defined in the 1982 Act so the common law definition maintains importance. The subsisting branch of obscenity law, which is not reliant upon ...

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