Roman Law (Delict)

The principal aim of Roman Law (Delict) is to understand the law of delict as it was in the high classical period, of the late second and early third centuries AD. The course focuses on analysing set texts from the Institutes and Digest and the outlook, ideas and methods of the great Roman jurists who wrote them. A secondary aim is comparative: to understand the modern law of civil wrongs better in the light of what was achieved by the classical jurists. In practice, this invites conceptual engagement with fundamentals of the law of delicts/torts, aided by comparison with modern cases.

The course caters to those interested in making use of their classical background or in developing the knowledge of Roman law they acquired by taking an introductory Roman Law course. Prior engagement with Roman law is, however, not essential. In the past, students have indeed welcomed this course as a first immersion into Roman/Civilian legal thought. The course is also open, as an option, to Oxford undergraduates (with a different exam), which creates additional opportunities for intellectual exchanges.

Knowledge of Latin is not necessary; sensitivity to the philological aspects of the original texts, when relevant, is. The set texts are provided in a translation adapted to its use in this course. In the examination, there will be questions requiring candidates to comment on selections from the set translated texts.

Learning outcomes: an understanding of the concepts of the Roman law of private wrongs and of the ideas and methods of classical jurists, and a capacity to reflect on their influence on English common law. Basic acquaintance with research tools of roman law research.