Orosz Gábor: Anglia és a római jog. In: Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum, (1) 1-20. pp. 497-515. (2001)
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Abstract
The paper discusses a topic, that has been subject of intensive debate in legal literature. Opposing the so called communis opinio, the author tries to show that - from a historical perspective - Roman Law played a considerable role in the development of English common law. Although in England we cannot speak about reception in the pandectist sense, if we focus carefully on some vitally important stages of English legal literature, we cannot neglict the effects of the common European legal tradition, that derives from Roman Law itself. Starting form Bracton's Treaties, Roman elements have a significant part in many English institutions of both private and criminal law. Dealing with the connection between English and Roman Law, we must also take a close look at the so called inner relationship between the two legal systems. Examining the inner relationship one must focus on the manner of legal thinking both in Rome and in England, which leads to some very impressive conclusions. Both legal systems are based on case-law, which means that the practical way of legal thinking is the strongest connection between them. Also there is a surprising historical paralel between the development of English Equity and ius aequum, built by the praetor peregrinus of Rome, which meant the modernisation of law in both systems, reacting to the upcoming challenges of everyday life. The author agrees with Reinhard Zimmermann and Peter H. Birks, who emphasise the need for further research in this area. Focusing on the relationship between English and Roman Law is a vital element of showing the existence of the common European legal tradition, which has a highly important actuality in the age of legal unification within the EU.
| Item Type: | Article |
|---|---|
| Other title: | England and Roman law |
| Journal or Publication Title: | Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum |
| Date: | 2001 |
| Volume: | 1 |
| Number: | 1-20 |
| ISSN: | 0324-6523 |
| Page Range: | pp. 497-515 |
| Language: | Hungarian, English |
| Place of Publication: | Szeged |
| Related URLs: | http://acta.bibl.u-szeged.hu/37957/ |
| Uncontrolled Keywords: | Római jog - Anglia |
| Additional Information: | Bibliogr.: p. 514-515. és a lábjegyzetekben ; összefoglalás angol nyelven |
| Subjects: | 05. Social sciences 05. Social sciences > 05.05. Law |
| Date Deposited: | 2016. Oct. 15. 11:13 |
| Last Modified: | 2025. Mar. 24. 10:22 |
| URI: | http://acta.bibl.u-szeged.hu/id/eprint/7512 |
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