Wadlington, Walter J., III

English

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Louisiana Law ReviewVolume 23 | Number 2The Work of the Louisiana Appellate Courts for the1961-1962 Term: A SymposiumFebruary 1963An Introduction to Roman Law, by J. K. B. M.Nicholas. London: Oxford University Press, 1962.Pp. xv, 281.Walter J. Wadlington IIIThis Book Review is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted forinclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact kreed25@lsu.edu.Repository CitationWalter J. Wadlington III, An Introduction to Roman Law, by J. K. B. M. Nicholas. London: Oxford University Press, 1962. Pp. xv, 281., 23La. L. Rev. (1963)Available at: https://digitalcommons.law.lsu.edu/lalrev/vol23/iss2/27BOOK REVIEWSAn Introduction to Roman Law, by J. K. B. M. Nicholas. Lon-don: Oxford University Press, 1962. Pp. xv, 281.With several notable exceptions the course in Roman law isabsent, and not even noticeably so, from the curriculum of theaverage United States law school. The latest edition of West'sDirectory of Law Teachers did not even include Roman law orcivil law as a category in its separate listing of teachers accord-ing to subject. Though some Roman law coverage may be af-forded in courses labeled "Comparative Law," I cannot help butrecall that at a meeting held by the Parker School at Columbialast fall a substantial and interested group of professors devotedthree days to panel discussions on the teaching of comparativelaw and international business transactions and during thisperiod the subject of Roman law was hardly touched. In factit appeared that most of those assembled considered Roman lawoutside the scope of comparative law studies today, or else thatthere simply was not time to teach it in a two- or three-hourcourse to students who want to learn about foreign legal sys-tems so that they can use them in business.Under conditions such as this, the need for a basic text whichcan be used for self-teaching as well as in the classroom becomesstronger than ever. And Professor Nicholas' In.trodaction toRoman Law is one of the best answers which could be providedfor such a need.Departing somewhat from the traditional Roman law text-book approach of simply expanding and commenting on the In-stitutes of Gaius or Justinian, Professor Nicholas, who is AllSouls Reader in Roman Law in the University of Oxford, givesin his own clear and readable style an explanation of the prin-cipal features of the Roman law system. Regularly interspersedin the text are contrasts with the English common law and alsoobservations on where the Roman inheritance in modern civillaw (particularly French and German law) may be found. Theresult of this approach is to make the book far more palatableas vell as understandable for the reader who has had no priorRoman law background.The first fifty or so pages are almost too concise, containing[480]BOOK REVIEWSa constitutional and historical background, an explanation of thesources of law, an outline of the work of Justinian, and an ac-count of the revival of Roman law in the West. The remainderof the text is divided into four parts: Persons, Property, Obliga-tions, and Successions. The part on Obligations is particularlywell done, though it is unfortunate that greater space could nothave been devoted to the area of quasi-contract.' There is littleor no reference to the early Roman law, and no separate treat-ment of the law of actions (which is covered briefly in the intro-ductory part under sources of law). But these omissions shouldnot detract from the value of the text as an introductory work;and if it is used in conjunction with a class, such material caneasily be filled in by lecture.One characteristic of the book that may perturb some read-ers, but which is clearly in keeping with the author's purpose,is the lack of any extensive footnoting or cross-referencingeither to institutes or digest or to other basic sources. It mustbe remembered that this is a basic text and that its great con-tribution lies in the author's own thorough understanding andclear expression of his ideas on the principal features and char-acteristics of Roman law. Because of this, it clearly deserves aplace on the shelf of both the beginner and the expert.Walter J. Wadlington I111Constitutionalism in Germany and tke Federal ConstitutionalCourt, by Edward C. McWhinney, with an Introduction byGerhard Leibholz (Leyden: A. W. Sythoff, 1962). Pp. 71.In the seven short chapters of this excellent study ProfessorMcWhinney explores the salient features and growing trends inGerman constitutionalism, with particular attention to the newinstitution of Judicial Review and its relation to traditional Ger-man legal concepts and practices. This book represents Mc-Whinney's most recent effort in his comparative studies of judi-cial review and constitutional change. The reader can onlyprofit therefore from the broader setting in which an analysisof the Federal Constitutional Court of West Germany is made.*Associate Professor of Law, University of Virginia.1. Readers who are interested in the field of unjust enrichment would be welladvised to read Professor Nicholas' comprehensive, two-part article on this sub-ject, Unjustified Enrichment in Civil Law and Louisiana Law, 36 Tui. 1. REV.605 (1962), 37 Tur. L. REV. 49 (1962).1963]

An Introduction to Roman Law, by J. K. B. M. Nicholas. London: Oxford University Press, 1962. Pp. xv, 281.

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An Introduction to Roman Law, by J. K. B. M. Nicholas. London: Oxford University Press, 1962. Pp. xv, 281.

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