Roman Law (Delict)

This course covers the principal obligations arising from wrongdoing in classical and Justinianic Roman law. A central feature of this course is close attention to primary sources, particularly the commentaries on each delict in Justinian’s Digest. Some attention is paid to the nature of delict through comparisons (i) between species of wrongdoing; and (ii) between delict and obligations quasi ex delicto. Where appropriate, comparisons with later developments are made. 

Knowledge of Latin is not necessary; sensitivity to the philological aspects of the original texts, when relevant, is. The set texts are provided in a translation adapted to its use in this course. Prior engagement with Roman law is no requirement. In the past, students have indeed welcomed this course as a first immersion into Roman/Civilian legal thought. 

On this course, students should develop an understanding of the concepts of the Roman law of private wrongs and of the ideas and methods of classical jurists, and a capacity to reflect on their influence on English common law. The first half of the course (MT) engages with the nature and place of delict, furtum (theft), iniuria (insult/contempt), noxa and pauperies (liability for the conduct of those in power and of animals) and quasi-delict. The second half of the course (HT) is devoted to close study of damnum iniuria (loss and unlawful damage to property).

Assessment is by way of an examination.

This option will be offered in 2026-27.