Book contents
- Frontmatter
- Contents
- Preface
- Preface to the Second Edition
- Note on the 1965 Impression
- Introduction
- Abbreviations
- Chapter I THE SOURCES
- Chapter II THE LAW OF PERSONS
- Chapter III LAW OF PROPERTY
- Chapter IV LIMITED INTERESTS AND SERVITUDES
- Chapter V UNIVERSAL SUCCESSION
- Chapter VI OBLIGATIONS: GENERAL
- Chapter VII OBLIGATIONS: GENERAL (cont.)
- Chapter VIII PARTICULAR CONTRACTS
- Chapter IX QUASI-CONTRACT AND NEGOTIORUM GESTIO
- Chapter X DELICT AND TORT
- Chapter XI PARTICULAR DELICTS AND TORTS
- Chapter XII PROCEDURE
- Index
Preface
Published online by Cambridge University Press: 30 March 2010
- Frontmatter
- Contents
- Preface
- Preface to the Second Edition
- Note on the 1965 Impression
- Introduction
- Abbreviations
- Chapter I THE SOURCES
- Chapter II THE LAW OF PERSONS
- Chapter III LAW OF PROPERTY
- Chapter IV LIMITED INTERESTS AND SERVITUDES
- Chapter V UNIVERSAL SUCCESSION
- Chapter VI OBLIGATIONS: GENERAL
- Chapter VII OBLIGATIONS: GENERAL (cont.)
- Chapter VIII PARTICULAR CONTRACTS
- Chapter IX QUASI-CONTRACT AND NEGOTIORUM GESTIO
- Chapter X DELICT AND TORT
- Chapter XI PARTICULAR DELICTS AND TORTS
- Chapter XII PROCEDURE
- Index
Summary
It will be convenient to state what this book is and what it is not. It is far from being a comprehensive statement of Roman law and common law comparatively treated. It is rather a comparison of some of the leading rules and institutions of the two systems. One of us many years ago produced a small book entitled Equity in Roman Law, the aim of which was to show the way in which the Roman lawyer worked. The institutions with which he dealt were subordinated to the way in which he worked on them, and an attempt was made to show that, working on institutions often very differently shaped, he handled them in ways very similar to those of English lawyers and reached results, especially in the field covered by modern English equity, astonishingly like theirs. In this book, on the other hand, it is the rules and institutions themselves that are compared. These are no doubt to some extent the work of the lawyers, but that is not true of the most basic notions: these were formed in their essentials long before there was such a thing as the professional study of law. They may be regarded as given, as not being the lawyers' work but the materials on which they worked, moulded however into the form in which we know them from the sources by many generations of lawyers and, no doubt, politicians.
- Type
- Chapter
- Information
- Roman Law and Common LawA Comparison in Outline, pp. ix - xPublisher: Cambridge University PressPrint publication year: 1952