LAW4562 Roman law: Foundations of private law in Australia

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.