Roman Law

Description

Overview: The enduring influence of Roman law is one of Scots law’s great USPs, and ensures the jurisdiction’s place as one of the small number of mixed (Civilian/common) legal systems to be found around the world. Scots law has been described as existing within a ‘living Roman legal system’ due to its uncodified nature and history as a part of the Continental European legal tradition. Study of the general principles of Roman law consequently aligns with the study of any Scots LLB degree. The class will allow students to develop an appreciation of the general rules which underpin modern doctrines within the Scottish legal system and to obtain a better understanding of how Roman law has informed the modern practice of Scots law. Syllabus: Week 0 - Welcome Lecture Week 1 - Introduction to Rome and Roman Law Week 2 - Roman Litigation (the law of actions) and the role of the Jurists Week 3 - Persons, Part I: Slaves, Status and those ‘in Power’ Week 4 - Persons, Part II: Manumission, Emancipation and Marriage Week 4 Tutorial - Legal (Juristic) Reasoning Week 5 - Things, Part 1: Ownership, Possession and the ‘Division of Things’ Week 6 - Things, Part II: Acquisition of Ownership Week 6 Tutorial - The Law of Persons Week 7 - Things, Part III: Incorporeal Things Week 8 - Things, Part IV: Obligations (the Law of Contracts) Week 8 Tutorial - The Law of Things Week 9 - Things, Part V: Obligations (the Law of Delicts) Week 10 - Things, Part VI: Inheritance and Succession Week 10 Tutorial - The Law of Actions arising from Obligations Week 11 - Revision and exam prep lecture Learning Outcomes: - Comprehend the significance of Roman law in the Scottish legal tradition. - Analyse key concepts of Roman private law (with an emphasis on the law of property and obligations). - Apply principles of Roman law to practical legal problems. - Critically evaluate the significance of Roman law in Scotland and the Continental European legal tradition. Assessment: Written assignment (1,500 words, 30%) In-person examination (2 hours, 70%)