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Topic: Roman Law

English Torts and Roman Delicts: The Correspondence of James Muirhead and Frederick Pollock

John W. Cairns | Symposium

The revival of the study of Roman law in Britain in the second half of the nineteenth century was a complex development not yet fully understood.  It is evident that awareness of German scholarship in Roman law, both systematic and historical, and the development of curricula in the universities were crucial in this revival, which also influenced the writing of treatises on the common law.

This Article focuses on the publication of Erwin Grueber’s textbook on the Lex Aquilia intended for use by students in Oxford.  It places it in context and explores the reaction to it of James Muirhead, [...]

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The Method of the Roman Jurists

James Gordley | Symposium

The Roman jurists developed a method that is not like that of Greek philosophy, modern physics, or economics.  Their fundamental concepts were familiar from ordinary experience–for example, possession, fault, and consent.  They were not abstracted from experience like substance and accident, mass and energy, or supply and demand, which are understood only by those who have studied philosophy, physics, or economics.  The Romans refined and identified these concepts by putting concrete cases.  They would move from a concept to its application in a particular case all at once without explaining how they got from the one to the other. In [...]

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