A History of Cutoff Rules as a Form of Caveat Emptor: Part II-From Roman Law to the Modern Civil and Common Law

1989 ◽  
Vol 37 (2) ◽  
pp. 247
Author(s):  
John C. Reitz
Author(s):  
Thomas J. McSweeney

Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals: the group of justices who wrote the celebrated treatise known as Bracton. It offers a new interpretation of Bracton and its authors. Bracton was not so much an attempt to explain or reform the early common law as it was an attempt to establish the status and authority of the king’s justices. The justices who wrote it were some of the first people to work full-time in England’s royal courts, at a time when they had no obvious model for the legal professional. They found one in an unexpected place: the Roman-law tradition that was sweeping across Europe in the thirteenth century. They modeled themselves on the jurists of Roman law who were teaching in Italy and France. In Bracton and other texts they produced, the justices of the royal courts worked hard to establish that the nascent common-law tradition was just one constituent part of the Roman-law tradition. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king. They were priests of the law.


1979 ◽  
Vol 38 (2) ◽  
pp. 295-322 ◽  
Author(s):  
J. H. Baker

In 1845 a master of English commercial law wrote that there was “no part of the history of English law more obscure than that connected with the maxim that the law merchant is part of the law of the land.” Since then there have been detailed studies of the medieval law merchant and of the later development of English mercantile law, but the precise status of the law merchant in England and the nature of the process by which it supposedly became fused with the common law remain as obscure as they were in 1845. The obscurity begins with the very concept of the “law merchant,” which has been differently understood by different writers and continues to be used in widely divergent senses. Some have regarded it as a distinct and independent system of legal doctrine, akin in status to Civil or Canon law, and perhaps derived from Roman law. Others have supposed it to be a particular aspect of natural law, or the universal ius gentium, and as such akin to international law.


2000 ◽  
Vol 4 (1) ◽  
pp. 3-18 ◽  
Author(s):  
WDH Sellar

This article is the revised text of the lecture delivered to the Stair Society at its Annual General Meeting in November 1997. It defends the proposition that Scots law, from the time of its emergence in the Middle Ages, has been a “mixed” system, open to the influence of both the English Common Law and the Civilian tradition. It also compares and contrasts the Reception of the Anglo-Norman law with that of Roman law. The former was quite specific as regards both time and substantive legal content. The Reception of Roman law, on the other hand, took place over a considerable period of time, and its effects were complex and diffuse. Above all, the Civilian tradition and the wider ius commune provided an intellectual framework against which to measure Scots law. Both Receptions exercised a profound influence on the continuing development of Scots law.


Author(s):  
Luigi Capogrossi Colognesi

This chapter gives a rapid overview of the history of Roman public and private institutions, from their early beginning in the semi-legendary age of the kings to the later developments of the Imperial age. A turning point has been the passage from the kingdom to the republic and the new foundation of citizenship on family wealth, instead of the exclusiveness of clan and lineages. But still more important has been the approval of the written legislation of the XII Tables giving to all citizens a sufficient knowledge of the Roman legal body of consuetudinary laws. From that moment, Roman citizenship was identified with personal freedom and the rule of law. Following political and military success, between the end of IV and the first half of III century bce Rome was capable of imposing herself as the central power in Italy and the western Mediterranean. From that moment Roman hegemony was exercised on a growing number of cities and local populations, organized in the form of Roman of Latin colonies or as Roman municipia. Only in the last century bce were these different statutes unified with the grant of Roman citizenship to all Italians. In this same period the Roman civil law, which was applied to private litigants by the Roman praetors, had become a very complex and sophisticated system of rules. With the empire the system did not change abruptly, although the Princeps did concentrate in his hands the last power of the judiciary and became the unique source of new legislation. In that way, for the first time, the Roman legal system was founded on rational and coherent schemes, becoming a model, which Antiquity transmitted to the late medieval Europe.


1977 ◽  
Vol 27 (3) ◽  
pp. 373
Author(s):  
J. L. Barton ◽  
A. W. B. Simpson ◽  
S. J. Stoljar
Keyword(s):  

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