Undergraduate Course: Civil Law Ordinary (LAWS08104)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 8 (Year 1 Undergraduate)
||Availability||Available to all students
|Summary||This deals primarily with Roman Law and, secondarily with its influence on later legal systems, including Scots Law. It focuses on the history and sources of Roman Law, and a detailed the Roman law of persons, property, and obligations, before concluding with an overview of the 'Reception' of Roman Law, with a focus on Scotland. The course gives students experience of legal argument and classification, as well as an introduction to the phenomenon of legal development and the relationship of law and society, all within the context of one of the world's most important legal cultures. As well as providing a useful knowledge of Roman Law, the course provides a foundation to the study of the legal history of Scotland and Europe generally, and helps law students with future study of Scots property law. It meets the Roman or Civil Law requirement for admission to the Faculty of Advocates in Scotland.
No previous knowledge of either Latin or History is required for this course.
1) The Civil or Roman Law or ius civile (the law applicable to Roman citizens) provides the foundation of the legal systems of most of the world and has been intensively studied since around 1100. It is the original university legal discipline and was the first law subject taught in Edinburgh Univeristy. By the end of the course, students should be familiar with the main sources of Roman Law, the Roman Law of Persons, Property and Obligations, and have a grasp of an overview of the impact of Roman Law from the Middle Ages onwards, with the ability to explain the law and it sources, and be familiar with the most important literature and debates, at a level appropriate for an ordinary-level student. They should be able to analyse texts. They should also appreciate the importance and problems of some classic and fundamental issues of legal classification. They should understand some of the fundamental structures of law, such as the institutional classification that underpins modern Scots private law. Students should also understand the significance of Roman law in European and World History, and more specifically in the history of Scots law. Where relevant comparisons are made with modern law and the Scottish Institutional Writers.
2) The course starts with a discussion of the sources of Roman law, an outline history of Roman law, and a discussion of roman procedure. It then focuses on the analysis of the concept of person in Roman Law, before dealing with the Roman family. It next examines the Roman law of property, exploring acquisition of property, and the nature of ownership and possession and the idea of a real right. The course then considers the fundamentally important Roman analysis of obligations, before considering Roman contracts, quasi-contracts, delicts and quasi-delicts, including pacts, innominate contracts and praetorian delicts. It concludes with an overview of the influence of Roman Law in Europe from the Middle Ages onwards, with special attention paid to Scotland.
3) The course is taught through formal lectures and small-group tutorials. There is a specific focus on the actual source material of Roman Law where feasible. There is a comprehensive course book with details of lectures and reading, as well as a tutorial booklet. Students also have access to a set of relevant texts for discussion and to promote understanding and learning.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Information for Visiting Students
|Pre-requisites||This course is only open to visiting students coming through a direct exchange with the School of Law (this includes Erasmus students on a Law Exchange).
|High Demand Course?
Course Delivery Information
|Academic year 2018/19, Available to all students (SV1)
|Course Start Date
|Learning and Teaching activities (Further Info)
Lecture Hours 44,
Seminar/Tutorial Hours 15,
Summative Assessment Hours 3,
Programme Level Learning and Teaching Hours 8,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||Essay (20%), Degree exam (80%).
Resit exam constitutes 100% of final mark in case of resit.
||Each semester formative course work is given out to students, handed in at one tutorial and returned at the next with appropriate feedback. The summative essay is handed in during the second semester and returned with feedback which can be used in preparation for the examination.
||Hours & Minutes
|Main Exam Diet S2 (April/May)||3:00|
|Resit Exam Diet (August)||3:00|
On completion of this course, the student will be able to:
- Demonstrate a knowledge of the Roman Law of Persons, Property and Obligations, as well as of the soucres of Roman Law and its procedures, together with an understanding of the place of Roman Law and the history of law in Europe and Scotland.
- Have developed an ability to discuss to discuss that law at an appropriate level both orally and in writing, whether in an examination or an extended essay.
- Students should have a basic knowledge of legal classification and its significance, and of basic taxonomies of law, along with the capacity to analyse them.
- Students should have developed a sensitivity to the distinction between primary and secondary sources.
Du Plessis, Paul, Borkowski's Textbook on Roman Law (2010)
Nicholas, B: An Introduction to Roman Law (1962)
Thomas, J A C: Textbook on Roman law (1976)
Buckland, W W: A Text-Book of Roman law 3rd ed by Stein, P (1966)
Metzger, E (ed): A Companion to Justinian's Institutes (1998)
Further reading is indicated in the Course Handbook.
|Graduate Attributes and Skills
|Additional Class Delivery Information
||Tutorial: 1 hour per week for 15 weeks.
|Keywords||Civil Law,Roman Law,Legal History
|Course organiser||Prof P Du Plessis
Tel: (0131 6)50 9701
|Course secretary||Ms Krystal Hanley
Tel: (0131 6)50 2056