This casebook is designed to introduce the Roman law concerning delicts, private wrongs which broadly resemble torts in Anglo-American law. The Roman law of delict is unusually interesting, since many basic Roman principles of delict are still prominent in modern legal systems, while other Roman principles offer sharp and important contrasts with modern ideas. The influence of Roman law has been especially strong in the Civil Law systems of Continental Europe and its former dependencies, since these systems derive many basic principles from Roman law; but Roman influence on Anglo-American law has also been appreciable in some areas, although not usually in tort. A casebook relies on direct use of primary sources in order to convey a clear understanding of what legal sources are like and how lawyers work. For Roman law, the primary sources are above all the writings of the early imperial Roman jurists. Almost all their writings date to the classical period of Roman law, approximately 30 B.C. to A.D. 235 The 171 Cases in this book all derive from the writings of pre-classical and classical jurists.
This text offers a wide range of juristic excerpts from several periods covering apparently all of the major aspects of delicts falling under Aquilian liability as well as Furtum, Iniuria, Dolus, Metus, and quasi-delict. The notes are thought-provoking and make useful crosslinks to other legal cases. The presentation is effective as well, with a logical progression from a statement of the rule through several particulars and qualifications. The book is perhaps too dense to be useful for a complete beginner not grounded by a good textbook on Roman law or previous education in the subject, but just superb for the classroom and reference.
A fine introduction to legal reasoning!
Published by Thriftbooks.com User , 26 years ago
Frier's work is an excellent inroduction to the Roman legal system and, in turn, to legal reasoning in today's world. Although this book is probably best utilized in a "case method" classroom setting (I was fortunate enough to take Bruce Frier's Roman Law class here at the University of Michigan), the discussion questions at the end of each case are excellent tools to help one reason each situation for himself. If you have any interest in why lawyers think in the method that they do, then this is an excellent way to introduce yourself to that line of thought.
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