LAW4562 · Roman law: Foundations of private law in Australia

Overview

This unit introduces you to Justinian and the ius commune tradition, and examines how those sources of law shaped English legal thought. It provides you with a historical understanding of the role of civilian lawyers in the English legal system, including their practice in Chancery and the ecclesiastical courts, and the relationship between the professional class of civilians and the common lawyers who practised in the royal courts. Through this analysis, you will develop a deeper understanding of the historical foundations of English law. The unit introduces you to the Roman law categories of Persons, Things, and Actions, which shaped jurisprudence and ideas of legal science, and examines how Roman law influenced the development of English law and continues to form part of Australian law, as evidenced by its citation in contemporary courts. Topics may include guardianship, adoption, property, obligations, wills and succession, tortious actions, equity, trusts, and the courts and legislation through which those ideas were received and adapted. These areas of law were profoundly shaped by Roman law, and many of the underlying civil law principles continue to form part of the law today.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Demonstrate an understanding of the principal concepts, institutions, and classifications of Roman law, including the categories of Persons, Things, and Actions.
2. Apply skills of legal reasoning and comparative analysis to examine the influence of Justinian and the ius commune tradition on the development of English legal doctrine, institutions and thought.
3. Identify and evaluate the reception and adaptation of Roman law principles across key areas of private law.
4. Critically evaluate the continuing significance of Roman law in modern common law legal systems, including its influence on Australian law;
5. Collaborate effectively to discuss, interpret, and apply Roman legal sources and ideas to historical and contemporary legal problems.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.