James Lee (University of Birmingham School of Law) has recently published 'Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law'. The abstract reads:
This paper examines the use of Roman law by members of the House of Lords in three recent decisions: Fairchild vs. Glenhaven Funeral Services [2002] UKHL 22; Foskett vs. McKeown [2001] 1 AC 102; and OBG vs. Allan [2007] UKHL 21, The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within the decisions can be seen the value of reference to Roman law.
The article is published as (2009) 5 Roman Legal Tradition 24, but can be found on the SSRN.
Note that this information was previously posted on the Legal History Blog, the Italian Association of Comparative Law Blog, and the Law & Humanties Blog.
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I found this article very enjoyable and useful. this kind of materials are really a must-know for everyone involved in legal comparison, mixity, diffusion.
ReplyDeletei would like to add a reference to Indian Oil Corp. Ltd. v. Greenstone Shipping S.A. (Panama) [Queen’s Bench Division][1988] Q B 345, a very interesting English case which I have been using for several years as part of my teaching materials in comparative law. in this case the Court compares old common law cases and Roman law principles, to disregard the former as archaic and inappropriate, preferring instead the Roman rule as the one "which justice requires". It was also a case of confusio (of property).
highly recommended. cheers to all.