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 Roman Law and Modern Civil Law - LAWS2153
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Faculty: Law
 
 
School:  Law
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001, LAWS1011; or LAWS1610; Corequisite: LAWS2311 or LAWS1010.
 
 
Offered: To be advised
 
 
Fee Band: 1
 
  

Description

How did Roman Law, that supreme monument to the legal thinking of the ancient world, establish itself as an integral part of so many modern legal systems? The course is divided into two segments. The first (weeks 1-7) covers the historical process by which Roman Law was assimilated in Medieval and Modern Europe. After noting the laws of the Germanic invaders who destroyed the Western Roman Empire, the discussion turns to the rediscovery of Roman Law in the 11th and subsequent centuries and its gradual absorption into the legal systems of the Holy Roman Empire, France and other countries. Then follows the formal Reception of Roman Law, and finally the Napoleonic Code and its offshoots which reincorporated Roman Law in a codified form. The second segment (Weeks 8-14) deals with the substantive law of modern systems descended from Roman Law, with special reference to contract and delict (torts). The French and Roman-Dutch systems are used as models. These two systems occupy somewhat different positions on the Civil Law spectrum. French Law is based on a code, whereas Roman-Dutch Law is uncodified. The segment makes useful comparisons between two systems which have both similarities due to their common origin and differences due to their post-Roman histories. Comparisons with Australian Law are also made at appropriate points. Enrolments are invited from both undergraduate and postgraduate students. There are no prerequisites and no knowledge of Latin or any modern language is required. Translations of all necessary material are provided. LLM students may arrange, in consultation with the Associate Dean (Postgraduate), to substitute additional written work for part of the lecture component.

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