Study of Law in Roman Law Schools, 17 Yale Law Journal 499 (1908)
Roman law, which furnished to the world the priceless gift of
a completed system of private law actually answering "to the true
nature of private law" is still "of great practical importance to
the American lawyer of the future,"
"The civil law, for purposes of comparative jurisprudence and
because of its more orderly and scientific arrangements, should
in its great outlines and essential character be made an element
of instruction to a greater extent than it is in our American
law schools;" and these remarks of Judge Dillon, sixteen years
ago, now re-echo with increasing force, if for no other reason
than the addition to our country, as a result of the Spanish war,
of insular dependencies wherein the common law is directly
based upon the Roman law. The civil law has directly or indirectly
passed into the jurisprudence of every civilized country of
the world, and is still potent to help us form rules for the business
of life. The fact of the resurrection of Roman law in modern
English law is strongly attested by Sir Frederick Harrison: "The
present generation has witnessed a really striking phenomenon.
This is no less than the re-annexation of the English law on to
the great body of principle of which the Roman law is the basis
and framework. Henceforward the insularity of English law is
a thing of the past."
Date of Authorship for this Version
private law, Roman Law
Sherman, Charles P., "Study of Law in Roman Law Schools" (1908). Faculty Scholarship Series. 4434.