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Wrongful Damage to Property in Roman Law: British Perspectives

Edited by: Paul J. du Plessis

ISBN13: 9781474434461
Published: May 2018
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £75.00



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A new assessment of the importance of the lex Aquilia (wrongful damage to property) on Roman law in Britain Few topics have had a more profound impact on the study of Roman law in Britain than the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property. This volume investigates this peculiarly British fixation against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.

Taken collectively, the volume establishes whether it is possible to identify a 'British' method of researching and writing about Roman law.

Key Features

  • Looks at the unique relationship between the lex Aquilia and British legal scholarship and legal history
  • Explores the importance of the teaching of the lex Aquilia at various old British universities
  • Appraises W.W. Buckland’s legacy: his prolific scholarly output and his impact on his students, most notably David Daube, and their significant contributions to the study of Roman law and the lex Aquilia in the UK

Subjects:
Roman Law and Greek Law
Contents:
Preface
Paul J. du Plessis
Matters of Context
1. The Early Historiography of the Lex Aquilia in Britain: Introducing Students to the Digest
John W. Cairns
2. William Warwick Buckland on the Lex Aquilia
David Ibbetson
3. ‘This Concern with Pattern’: F.H. Lawson’s Negligence in the Civil Law
Paul Mitchell
4. Student’s Digest: 9.2 in Oxford in the Twentieth Century
Benjamin Spagnolo
Case Studies
5. Revisiting D.9.2.23.1
Joe Sampson
6. Reflections on the Quantification of Damnum
Alberto Lorusso
7. Causation and Remoteness: British Steps on a Roman Path
David Johnston
8. Roman and Civil Law Reflections on the Meaning of Iniuria in Damnum Iniuria Datum
Giuseppe Valditara
9. Lord Atkin, Donoghue v Stevenson and the Lex Aquilia: Civilian Roots of the ‘Neighbour’ Principle
Robin Evans-Jones and Helen Scott
10. Conclusions
Paul J. du Plessis
Index