549 research outputs found
The Value of Roman Law to the American Lawyer of Today
In spite of the progress of legal education in the last decade there still lingers in some places that now time-worn belief that a knowledge of Roman law is of no use at all in the legal profession. This view of the present value of Roman law isobviously superficial. It is based on the assumption that because the Roman state and tribunals perished centuries ago, therefore Roman law itself haslong been dead also. But this conception of the fate of Roman law is historically inaccurate and false. The spirit of Roman law did not die-on the contraryit is still very much alive in our midst. It was the majestic and beneficent Roman law which more than any other single element brought civilization back to Europe following the barbaric deluge of the Dark Ages
The Basilica - A Ninth Century Roman Law Code Which Became the First Civil Code of Modern Greece a Thousand Years Later
Debt of the Modern Law of Guardianship to Roman Law
The Roman law of guardianship grew out of the family organization.It is also quite closely connected with the law ofinheritance. The power of a guardian is that form of familypower which ordinarily takes the place of paternal power whenthere is no one to exercise the latter. It was originally at Romebut an extension of the paternal power.\u27 In this respect the conceptionof guardianship is different in English law,--English guardianshiprests on the principle of protecting the bodily and mentalimmaturity of youth.\u2
ACQUISITIVE PRESCRIPTION-ITS EXISTING WORLD-WIDE UNIFORMITY
The recent appeal of Lord Justice Kennedy1 for unified lawscovering the various fundamental transactions of business and ofdomestic relations is not a mere dream, but rests on a solid foundationof fact,-namely the too-often overlooked agreement as toessentials which exists in modern law throughout the world.So thoroughly have the principles of Roman law survived orbeen re-absorbed in all modern jurisprudence that a movementfor unification of the private laws of the world is a natural resultof this situation. The world of today is witnessing a virtualeconomic unity, and also something approaching a political unityas a result of the growth of arbitration and treaties: is it time totry to supplement these unities by a unification of private laws
The Indebtedness of Modern Jurisprudence to Medieval Italian Law
How much the world owes to Italian genius and labours!For Italy is the mother of us all. The lamp of civilizationhas been handed on from Rome to modern nations by Italian runners. By Italy learning was re-established and the fine arts revived; Italy is truly called the mother of universities and the saviour of learning. European commerce was originally revived by Italy, after the flood of barbarian invasions of Europe had spent itself. By Italians Roman law was recovered from antiquity, adapted for use in later times, and forever implanted as a living force in our modern civilization
The Nineteenth Century Revival of Roman Law Study in England and America
The present revival of Roman Law study in England and America is largely due to Sir Henry Maine. Sheldon Amos\u27 loyal tribute deservedly extols the genius of Maine who rescued the laws of Rome from the neglect into which they had fallen in England and established forever their essential relation to every system of law having an European parentage. \u2
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