The Roman Law of Tort

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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3 of 5: How Did the Romans Define Theft and Nuisance? [No. 86]

Does “theft” always have a hard and fast definition? Professor Richard Epstein explores how the Romans thought about this issue and what it means for us today. The Roman scholar Gaius argued that an action cannot always be a theft just because so ... Does “theft” always have a hard and fast definition? Professor Richard Epstein explores how the Romans thought about this issue and what it means for us today. The Roman scholar Gaius argued that an action cannot always be a theft just because someone chooses to label it that way. Likewise, Professor Epstein argues that the modern legal system cannot define any activity to be a nuisance just because someone calls it a “nuisance.”

Professor Richard Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.


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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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