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  UKHL 22; Foskett vs. McKeown  1 AC 102; and OBG vs. Allan  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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