Last modified: 25 May 2018 11:16
This course focuses on selected areas of Roman law including some in which there has been considerable influence on modern legal systems like that of Scots law. Part of the purpose of the course is to introduce participants to the neo-humanistic textual study of Roman law but also to evaluate its continuing importance as exemplified in, for example, a leading case like Donoghue v Stevenson.
|First Sub Session
|25 credits (12.5 ECTS credits)
Course Aims: This course aims to introduce students to the literature, substance and method of study of classical Roman law. topics have been chosen both to give students an understanding of Roman legal sources, procedural law (including alternative dispute resolution), juristic and praetorian reform, and substantive law (with particular emphasis on sale and the Lex Aquilia). By the end of this course, the student should have an understanding of the general picture of Roman law and its development as well as having had first-hand experience dealing with sources and texts. Main Learning Outcomes: Subject-Specific Skills and Concepts By the end of the course, students should have: (a) An understanding of the general picture of developments in Roman law and practice; (b) First-hand experience dealing with sources and texts; (c) An awareness of the nature of historical debate and of legal historiography; (d) The ability to successfully carry out individual research on questions of Roman law, including the ability to locate and evaluate relevant historical source material. By the end of this course, students should also have inter alia the following generic skills: (a) The ability to de-construct legal texts from an historical and theoretical perspective; (b) The ability to apply an analytical methodology to legal sources, as well as a generally developed analytic ability; (c) The ability to find, read and analyse a variety of legal materials; (d) The ability to communicate clearly and cogently complex ideas and arguments, both orally and in writing (e) The ability to work effectively as a group and as an individual; (f) The ability to extract, analyse and apply information from a variety of sources. Knowledge and Understanding The subject is studied throughout the world because it has had a major effect on the formation of modern legal systems. It also introduces students to the neo-humanistic methodology often referred to as ‘modern scientific critical method’. Content: 1. Introduction to the course 2. Roman Legal Sources: the Corpus iuris civilis 3. Law in Practice: the praetor, the iudex, the orator and the jurist 4. Law in practice: pro Caecina 5. Law of Sale I 6. Law of Sale I 7. Law of Sale II 8. Lex Aquilia I 9. Lex Aquilia II 10. Revision
Information on contact teaching time is available from the course guide.
1st Attempt: 1 three-hour examination (100%). Resit: Normally, no resit is available.
There will be at least two formative (non-counting) essays of 2,000 words (2,500 words for MA Legal Studies).
Feedback will be provided on the feedback form within three weeks from the date of submission.