Civil Law (PL0005)

? Credit Points : 40 ? SCQF Level : 10 ? Acronym : LAW-3-PL0005

"Rome's greatest legacy to the modern world is undoubtedly its private law. Roman law forms the basis of all the legal systems of Western Europe with the exception of England (but not Scotland) and Scandinavia. Outside Europe, the law of places as diverse as Louisiana and Ceylon, Quebec and Japan, Ethiopia and South Africa, Turkey and Chile, is based firmly on Roman law. Even in England and the countries of Anglo- American law in general, the influence of Roman law is considerable and much greater than often admitted." - Alan Watson Roman law and comparative law (Georgia 1991) 3 ff. This quote by Alan Watson provides some indication of the true value and extent of the civilian influence in modern legal systems. Legal systems are too complex to be studied in detail, but by studying the historical principles on which European law is founded, the student will gain a unique insight into the working of civil-law systems. The aim of this course is to explain in depth some key aspects of early Roman Law, the various methods of law-making in the later Roman Republic and finally examine the development of the Roman Law on damage to property from the Twelve Tables (450 BC) until the time of Justinian (527 - 565 AD). By means of a detailed study of the original texts in translation it seeks to provide some understanding of the Roman - and by comparison the modern legal mind at work. Teaching will be based on primary materials with reference to extensive secondary literature. There is no particular prescribed textbook, but students will be required to do some research in the library.

Students need not have taken Civil Law Ordinary and knowledge of Latin is not required.

Entry Requirements

none

Subject Areas

Home subject area

Law, (School of Law, Schedule F)

Delivery Information

? Normal year taken : 3rd year

? Delivery Period : Full Year (Blocks 1-4)

? Contact Teaching Time : 2 hour(s) per week for 20 weeks

All of the following classes

Type	Day	Start	End	Area
Lecture	Monday	11:10	13:00	Central

Summary of Intended Learning Outcomes

This course is designed to provide students with:

1. Further insights into the historical origins of law in Western Europe while focusing on selected topics in Roman law;
2. A working knowledge of the sources and methodology of legal history;
3. An overview of the civilian tradition and its contemporary relevance in a mixed jurisdiction such as Scotland.