Debt of the Modern Law of Guardianship to Roman Law, 12 Michigan Law Review 124 (1913)
The Roman law of guardianship grew out of the family organization.
It is also quite closely connected with the law of
inheritance. The power of a guardian is that form of family
power which ordinarily takes the place of paternal power when
there is no one to exercise the latter. It was originally at Rome
but an extension of the paternal power.' In this respect the conception
of guardianship is different in English law,--English guardianship
rests on the principle of protecting the bodily and mental
immaturity of youth.'
Date of Authorship for this Version
Roman law, youth, guardianship
Sherman, Charles P., "Debt of the Modern Law of Guardianship to Roman Law" (1913). Faculty Scholarship Series. Paper 4438.