Total run time:
1h 10m
Roman Law was once part of the standard law school curriculum but is now only studied by specialists (most of whom are not lawyers). What insight does it bring to our understanding of the law today? What can a law student learn from studying some of its core tenets?
Professor Richard Epstein argues that one can learn a great deal. Though an ancient system, it is an extremely comprehensive and sophisticated body of law. Many concepts in Anglo-American law have roots in ancient Rome, and other systems borrow even more from the structure and classification employed by the Roman lawyers. After understanding Roman Law, you will never look at the common law or American constitutional law again in exactly the same way.
Total run time:
1h 10m
Course:
Roman Law
Total videos:
24
Difficulty:
Elective
Roman Law
Is Roman Law a primitive system? Conversely, is it too complex for the average lawyer to understand? Professor Richard Epstein discusses the importance and durability of this ancient system. He explains that a person does not need to be a classicist or Latin expert to study and understand the texts and concepts involved.
What laws and norms governed Roman society and do they have any bearing on our modern understanding of personal rights? Professor Richard Epstein explains Roman laws involving marriage and family, and how these familial arrangements were the earliest roots of corporations. He also tackles the difficult topic of slavery in the Roman world: how it could exist in a positive law system while being contrary to natural law.
Do Roman property laws resemble modern laws at all? What are some of the most striking similarities and differences? Professor Richard Epstein focuses on the dynamic between public and private property rights in the Roman system. In particular, common resources such as waterways were governed differently under Roman law than they are in a more modern, Lockean property system.
What types of contracts did the Romans utilize? Professor Richard Epstein explains basic Roman contracts, and specific types such as those governing partnerships and wills. He also contrasts Roman contractual standards to modern “reasonableness” standards used to interpret contracts.
How did the Romans think about torts like theft, nuisance, and assault? Professor Richard Epstein posits that understanding Roman concepts about causation can help us understand both modern public and private law.