Roman Law

Course Description

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.

About this Course

Total run time:

1h 10m

Course:

Roman Law

Total videos:

24

Difficulty:

Elective

Roman Law

Modules

Approaches to Studying 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.

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The Roman Law of Persons

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.

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The Roman Theory of Property Rights

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.

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The Roman Law of Contracts

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.

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The Roman Law of Tort

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.

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Course Teachers

Frequently Asked Questions

Anyone who is curious about how the laws of ancient Rome affect Anglo-American law today.
Roman Law used to be a standard part of the law school curriculum, but has fallen out of favor. With the expertise of Professor Richard Epstein, a student of Roman Law for the last fifty years, students and lifetime learners alike get a glimpse of the complexity and durability of this ancient system.
Studying Roman Law provides a second point of reference for problems arising in the Common Law today. Having two reference points, not one, is a useful tool for figuring out how to solve legal problems.
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