The law of Ancient Rome is examined so as to illustrate the following: (a) how laws emerged to meet the needs of a developing society, (b) how law reform in the more developed stages of that society adapted to changing social, political and economic conditions, (c) aspects of Roman Law which are especially meaningful to students who are being trained in a Common Law system, (d) Roman law concepts which form the basis of modern Civil Law systems and today play a key role in the European Economic Community. Historical topics: Equity as an instrument of law reform; the opinions of those learned in the law; legislation; codification; Justinian. Substantive topics: Family law with special reference to marriage and divorce; property with special reference to possession, ownership and servitudes (easements); testamentary succession; trusts; contract with special reference to stipulation, sale, lease, partnership (including corporate personality); delict (torts); criminal law with special reference to jury-courts.

Justice Emmett was appointed as a judge of the Federal Court of Australia in 1997. The Federal Court deals with patents, copyright, trademarks, corporations, tax, shipping, consumer protection and federal administrative action. He was appointed to the NSW Court of Appeal in March 2013. The NSW Court of Appeal is the highest court in the State. It hears appeals from civil proceedings before the Supreme Court, District Court, Land and Environment Court and certain State Tribunals. Justice Emmett also sits on the Court of Criminal Appeal.

Justice Emmett has taught Roman Law at the University of Sydney since 1978 and has been Challis Lecturer in Roman Law since 1990. In May 2009, the University of Sydney gave him an honorary LLD. Justice Emmett has taught Roman Law at the University of New South Wales since 2010.

This course aims to provide students with a general understanding of the distinctive contribution of Roman Law to legal thinking generally. It also aims to introduce students to some key doctrines of Roman law in the spheres of public law and private law. Students will come to see how Roman Law responded to social change over the long period of its development, as well as learning how to solve legal problems by using principles of Roman Law. Students will also examine how Roman Law came to form the core of the modern Civil Law systems.

At the conclusion of this course, students should be able to:

Class participation - 10%

Essay - 20%

Take home exam - 70%