Roman Law — Overview
News
International seminar on “iniuria and the common law”
An international seminar on “iniuria and the common law” took place at All Souls College on 9 and 10 September 2011. [more…]
Publications
Showing all[*] publications sorted by type, then year, author, title [change this]
Showing all 14 Roman Law publications currently held in our database
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Journal Articles
E Descheemaeker, Obligations quasi ex delicto and Strict Liability in Roman Law (2010) 31 Journal of Legal History 1
The meaning of the Gaian-Justinianic division of obligations arising from unlawful events into obligationes ex delicto and quasi ex delicto has long been a puzzle for Romanists. The strict liability theory, which understands “quasi-delicts” as examples of situational wrongs, defined independently of fault, was first aired in the 1940s but has never gained widespread support. The case of the iudex qui litem suam facit was regarded as a stumbling block for the theory. The present article aims to make a new and systematic case for strict liability as the basis of the quasi-delictal category and argues that, in the light of archaeological discoveries which have overhauled our understanding of the judge’s liability, we can now have a coherent picture of Roman quasi-delictal liability as liability even without fault.
ISBN: 0144-0365
E Descheemaeker, The Roman Division of Wrongs: A New Hypothesis (2009) 5 Roman Legal Tradition 1
This article examines the rationale of the Justinianic division of wrongs into delicts and “quasi-delicts”. Taking as its starting point the assumption that the distinction corresponded to that between fault (culpa)-based and situational liability, it hypothesizes that the quasi-delictal appendix arose after the time of Gaius’ Institutes from a contraction of the Roman concept of a civil wrong (delictum): its scope would have narrowed from an unlawful liability-creating act to a blameworthy such act, thereby rejecting outside of the delictal class proper instances of liability regardless of fault.
ISBN: 1943-6483
A J B Sirks, 'The delictual origin, penal nature and reipersecutory object of the actio damni iniuriae legis Aquiliae' (2009) 77 Tijdschrift voor Rechtsgeschiedenis 303
A J B Sirks, 'The Colonate in Justinian\\\'s Reign' (2008) XCVIII Journal of Roman Studies 120
A J B Sirks, 'William Godolphin\\\'s Last Will and the Civil Law' (2007) 123 Law Quarterly Review 213
E Descheemaeker, 'Les héritiers de Lenel : la chaire royale de droit romain à Oxford (1948-2004) [Lenel's Heirs: the Regius Chair of Civil Law at Oxford, 1948-2004]' (2006) 84 Revue historique de droit français et étranger 613
The four incumbents of the Oxford Regius Chair of Civil Law in the second half of the 20th century share one remarkable feature, namely, that they all are related to Otto Lenel, the German initiator of modern Roman law studies. The connection is twofold, both personal (through teacher-pupil relationships) and intellectual, in that they have received and developed Lenel’s project. This project can be described as the restoration of the primacy of procedure in Roman law, as well as the putting back in order of the Roman law library. Professors Beatson and Zimmermann’s recent Jurists Uprooted helped to unveil this connection. The present shorter article aims at expounding it in a more systematic way by exploring the background to this relationship, as well as the link between each of the incumbents (H. F. Jolowicz, David Daube, Tony Honoré, Peter Birks) and Otto Lenel.
ISBN: 0035-3280
Books
A J B Sirks, The Theodosian Code. A Study (Editions du Quatorze Septembre 2007)
Chapters
A J B Sirks, 'Einiges zum prekarischen Besitz' in H. Altmeppen, I. Reichard, M.J. Schermaier (eds), Festschrift für Rolf Knütel zum 70. Geburtstag (C.F. Müller 2010)
Abstract: It is argued that precarium was not developed as instrument to grant common land.
A J B Sirks, 'Peira 45.11, a presumed succession pact, and the Peira as legal source' in (Jahrbuch der österreichischen Byzantinistik 2010)
A J B Sirks, 'D. 47.2.21 and contrectatio' in Fides Humanitas Ius. Studi (Napoli 2007)
J S Getzler, 'Roman Ideas of Landownership' in S Bright and J Dewar (eds), Land Law: Themes and Perspectives (Oxford University Press, Oxford 1998)
Presentation/Conference contributions
E Descheemaeker, 'Solatium in Roman and English Law', paper presented at Iniuria and the Common Law, All Souls College, University of Oxford (9 September 2011)
Reviews
E Descheemaeker, 'Review of Ernest Metzger (ed.), David Daube: A Centenary Celebration' (2011) 89 Revue historique de droit français et étranger 127 [Review]
E Descheemaeker, Review of Reinhard Zimmermann, Roman Law, Contemporary Law, European Law. The Civilian Tradition Today (2003) 55 Revue internationale de droit comparé 1025 [Review]
Courses
The courses we offer in this field are:
Undergraduate
Law Moderations (Phase I)
Law Moderations are preliminary examinations in Criminal Law, Constitutional Law, and Roman Law, taken at the end of the second term in the first year of the BA. Students must pass them in order to continue in the BA; the degree is awarded on the basis of the FHS Examinations.
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A Roman Introduction to Private Law
This subject is an introduction to legal concepts and legal thought, which for centuries have been directly influenced by Roman Law. The course therefore shows where many of the ideas which we take for granted have come from. The course is based on primary materials, the set texts from Gaius (second century AD) and Justinian (sixth century AD). The texts are studied in translation. No Latin is needed, nor is Latin an advantage. Contact with primary materials is one of the great merits of the study of law. It allows the mind to form its own judgments, freed from second-hand opinions.
The course has five sections: I. Sources of Law and the Scheme of the Institutes; II. Property; III. Obligations (A) Contract, (B) Delict (Tort); IV. Influence of Roman Law.
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FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe). Phase II of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
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The Roman Law option focuses on set texts from the Institutes and Digest. Its primary aim is to understand those texts and the ideas and methods of the great Roman jurists who wrote them. The secondary aim is, by comparison, to throw light on the law of our own time. It caters for the interests of those who are interested in making use of their classical background or of developing the knowledge of Roman law they have acquired by taking the ‘A Roman Introduction to Private Law’ course in Law Moderations, although it is not essential to have done the Roman Law course for Mods. It allows students to study in some detail the outlook and methods of reasoning of the classical jurists who provide the models on which professional legal argument has ever since been based. In practice this will lead to discuss fundamentals of the law of delicts/torts, aided by the comparison with English cases. The lectures are based, so far as the Roman law is concerned, on the set texts, in English translation. Indeed, one of the advantages of this course from the point of view of students is that the body of relevant texts and other authoritative material is more limited than it is in most, perhaps all, the other options. It is possible to concentrate on detail. In the examination candidates are required to comment on selections from the set translated texts and on questions regarding the literature given for the texts. Knowledge of Latin is not required or necessary, sensitivity for the philological aspects of the originals, when relevant, is. Much literature will quote Latin phrases but it practice this should not cause problems; for fully cited texts either the translation is present in the set texts or it is separately provided. By its nature this course attracts and is suitable for only small numbers. This fact tends to dissolve the distinction between tutorials and lectures. However, it remains true that the backbone of the course is an exposition of the set texts, supported by further lectures on associated topics.
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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The Roman Law option focuses on set texts from the Institutes and Digest. Its primary aim is to understand those texts and the ideas and methods of the great Roman jurists who wrote them. The secondary aim is, by comparison, to throw light on the law of our own time. It caters for the interests of those who are interested in making use of their classical background or of developing the knowledge of Roman law they have acquired by taking the ‘A Roman Introduction to Private Law’ course in Law Moderations, although it is not essential to have done the Roman Law course for Mods. It allows students to study in some detail the outlook and methods of reasoning of the classical jurists who provide the models on which professional legal argument has ever since been based. In practice this will lead to discuss fundamentals of the law of delicts/torts, aided by the comparison with English cases. The lectures are based, so far as the Roman law is concerned, on the set texts, in English translation. Indeed, one of the advantages of this course from the point of view of students is that the body of relevant texts and other authoritative material is more limited than it is in most, perhaps all, the other options. It is possible to concentrate on detail. In the examination candidates are required to comment on selections from the set translated texts and on questions regarding the literature given for the texts. Knowledge of Latin is not required or necessary, sensitivity for the philological aspects of the originals, when relevant, is. Much literature will quote Latin phrases but it practice this should not cause problems; for fully cited texts either the translation is present in the set texts or it is separately provided. By its nature this course attracts and is suitable for only small numbers. This fact tends to dissolve the distinction between tutorials and lectures. However, it remains true that the backbone of the course is an exposition of the set texts, supported by further lectures on associated topics.
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Postgraduate
BCL
The Roman Law option focuses on set texts from the Institutes and Digest. Its primary aim is to understand those texts and the ideas and methods of the great Roman jurists who wrote them. The secondary aim is, by comparison, to throw light on the law of our own time. It caters for the interests of those who are interested in making use of their classical background or of developing the knowledge of Roman law they have acquired by taking the ‘A Roman Introduction to Private Law’ course in Law Moderations, although it is not essential to have done the Roman Law course for Mods. It allows students to study in some detail the outlook and methods of reasoning of the classical jurists who provide the models on which professional legal argument has ever since been based. In practice this will lead to discuss fundamentals of the law of delicts/torts, aided by the comparison with English cases. The lectures are based, so far as the Roman law is concerned, on the set texts, in English translation. Indeed, one of the advantages of this course from the point of view of students is that the body of relevant texts and other authoritative material is more limited than it is in most, perhaps all, the other options. It is possible to concentrate on detail. In the examination candidates are required to comment on selections from the set translated texts and on questions regarding the literature given for the texts. Knowledge of Latin is not required or necessary, sensitivity for the philological aspects of the originals, when relevant, is. Much literature will quote Latin phrases but it practice this should not cause problems; for fully cited texts either the translation is present in the set texts or it is separately provided.
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The Roman and Civilian Law of Contracts
The purpose of the course is to study the Roman Law of Contracts in detail, particularly the Law of Sale, and to examine, subsequently, on this basis, doctrinal and philosophical aspects of the Civilian law on contracts as it developed from ca. 1100 AD till the middle of the 19th century, with where possible a comparison with and excursus into English law.
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MJur
The Roman Law option focuses on set texts from the Institutes and Digest. Its primary aim is to understand those texts and the ideas and methods of the great Roman jurists who wrote them. The secondary aim is, by comparison, to throw light on the law of our own time. It caters for the interests of those who are interested in making use of their classical background or of developing the knowledge of Roman law they have acquired by taking the ‘A Roman Introduction to Private Law’ course in Law Moderations, although it is not essential to have done the Roman Law course for Mods. It allows students to study in some detail the outlook and methods of reasoning of the classical jurists who provide the models on which professional legal argument has ever since been based. In practice this will lead to discuss fundamentals of the law of delicts/torts, aided by the comparison with English cases. The lectures are based, so far as the Roman law is concerned, on the set texts, in English translation. Indeed, one of the advantages of this course from the point of view of students is that the body of relevant texts and other authoritative material is more limited than it is in most, perhaps all, the other options. It is possible to concentrate on detail. In the examination candidates are required to comment on selections from the set translated texts and on questions regarding the literature given for the texts. Knowledge of Latin is not required or necessary, sensitivity for the philological aspects of the originals, when relevant, is. Much literature will quote Latin phrases but it practice this should not cause problems; for fully cited texts either the translation is present in the set texts or it is separately provided.
[less]
The Roman and Civilian Law of Contracts
The purpose of the course is to study the Roman Law of Contracts in detail, particularly the Law of Sale, and to examine, subsequently, on this basis, doctrinal and philosophical aspects of the Civilian law on contracts as it developed from ca. 1100 AD till the middle of the 19th century, with where possible a comparison with and excursus into English law.
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People
Roman Law teaching is organized by a Subject Group convened by:
Boudewijn Sirks: Regius Professor of Civil Law
in conjunction with:
Michael Ashdown: Fellow and Tutor in Law
Alexandra Braun: CUF Lecturer
John Cartwright: Professor of the Law of Contract
Simon Douglas: CUF Lecturer
Joshua Getzler: Professor of Law and Legal History
James Goudkamp: CUF Lecturer
Louise Gullifer: Professor of Commercial Law
Geneviève Helleringer: EC Marie Curie Fellow
Mike Macnair: CUF Lecturer
Roger Smith: CUF Lecturer
Simon Whittaker: Professor of European Comparative Law
Katja Ziegler: Reader in European and Comparative Law, Erich Brost University Lecturer
assisted by:
Benjamin Spagnolo: MPhil student
Also working in this field, but not involved in its teaching programme:
Tony Honoré: Emeritus Regius Professor of Civil Law at All Souls
Maris Köpcke Tinturé: Fellow in Law, Worcester College (Lecturer in Law, Brasenose College)

