Course

Roman Law - LAWS3758

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Undergraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: Crime & Criminal Process (LAWS1021/JURD7121) & Criminal Laws (LAWS1022/JURD7122) OR Crim. Law 1 (LAWS1001/JURD7101) & Crim. Law 2 (LAWS1011/JURD7111). Co-requisite: Litigation 1 [LAWS2311/ JURD7211] OR Res. Civil Disp. (LAWS2371/JURD7271)

Excluded: JURD7758

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

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.

Course Objectives

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:
  1. Outline the origins of Roman Law and its historical development.
  2. Explain the key organising principles of Roman Law.
  3. Be able to identify critical points of distinction between Roman Law and the Common Law.
  4. Identify the ways in which Roman Law influenced the development of current Civil Law systems.
  5. Be able to solve basic legal problems by using Roman Law concepts of property, contract, delict, and public law.

Assessment

Research Papaer - 30%

Final Exam - 50%

Class Participation - 20%
Quadrangle Sundial

Study Levels

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