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Miscellaneous

: Law & Humanities Blog

Roman Law In English Common Law

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James Lee, University of Birmingham School of Law, has published "Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law," as 5 Roman Legal Tradition, 24-66 (2009). Here is the abstract.
This paper examines the use of Roman law by members of the House of Lords in three recent decisions: Fairchild vs. Glenhaven Funeral Services [2002] UKHL 22; Foskett vs. McKeown [2001] 1 AC 102; and OBG vs. Allan [2007] UKHL 21, The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within the decisions can be seen the value of reference to Roman law.

Download the article from SSRN at the link.

Full post as published by Law & Humanities Blog on January 22, 2010 (boomark / email).

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