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Full Year

Civil Law Ordinary (LAWS08104)

Subject

Law

College

CAHSS

Credits

40

Normal Year Taken

1

Delivery Session Year

2023/2024

Pre-requisites

This course is only open to visiting students who are nominated to study with us on a Law exchange agreement. Exchange students outside of Law and study abroad students are not eligible to enrol on this course, with no exceptions.

Course Summary

This course deals primarily with Roman Law and, secondarily with its influence on later legal systems, including Scots Law. It focuses on the history and sources of Roman Law, and a detailed account of the Roman law of persons, property, and obligations, before concluding with an overview of the 'Reception' of Roman Law, with a focus on Scotland. The course gives students experience of legal argument and classification, as well as an introduction to the phenomenon of legal development and the relationship of law and society, all within the context of one of the world's most important legal cultures. As well as providing a useful knowledge of Roman Law, the course provides a foundation to the study of the legal history of Scotland and Europe generally, and helps law students with future study of Scots contract, delict, and property law. It meets the Roman or Civil Law requirement for admission to the Faculty of Advocates in Scotland.No previous knowledge of either Latin or History is required for this course.

Course Description

**1) Roman (civil) Law or ius civile (the law applicable to Roman citizens) provides the foundation of the legal systems of most of the world and has been intensively studied since around 1100. It is the original university legal discipline and was the first law subject taught in Edinburgh University. By the end of the course, students should be familiar with the main sources of Roman Law, the Roman Law of Persons, Property and Obligations, and have a grasp of an overview of the impact of Roman Law from the Middle Ages onwards, with the ability to explain the law and it sources, and be familiar with the most important literature and debates, at a level appropriate for an ordinary-level student. They should be able to analyse texts. They should also appreciate the importance and problems of some classic and fundamental issues of legal classification. They should understand some of the fundamental structures of law, such as the institutional classification that underpins modern Scots private law. Students should also understand the significance of Roman law in European and World History, and more specifically in the history of Scots law. Where relevant comparisons are made with modern law and the Scottish Institutional Writers. **2) The course starts with a discussion of the sources of Roman law, an outline history of Roman law, and a discussion of roman procedure. It then focuses on the analysis of the concept of person in Roman Law, before dealing with the Roman family. It next examines the Roman law of property, exploring acquisition of property, and the nature of ownership and possession and the idea of a real right. The course then considers the fundamentally important Roman analysis of obligations, before considering Roman contracts, quasi-contracts, delicts and quasi-delicts, including pacts, innominate contracts and praetorian delicts. It concludes with an overview of the influence of Roman Law in Europe from the Middle Ages onwards, with special attention paid to Scotland. **3) The course is taught through formal lectures and small-group tutorials. There is a specific focus on the actual source material of Roman Law where feasible. There is a comprehensive course book with details of lectures and reading, as well as a tutorial booklet. Students also have access to a set of relevant texts for discussion and to promote understanding and learning.

Assessment Information

Written Exam 80%, Coursework 20%, Practical Exam 0%

Additional Restrictions

This course is only open to visiting students who are nominated to study with us on a Law exchange agreement. Exchange students outside of Law and study abroad students are not eligible to enrol on this course, with no exceptions.

view the timetable and further details for this course