Arts and Humanities Commons^™

The Enigma Of Samuel Parsons Scott, Timothy G. Kearley

Timothy G. Kearley

Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller

Timothy G. Kearley

Justice Frederick H. Blume, attorney and long-time Justice of the Wyoming Supreme Court, single-handedly translated Justinian's Code and Novels in the early twentieth century. His is the only English translation of the Code to have been made from the Latin version accepted as most authoritative. Using Blume's papers, this article describes, among other things: how Blume created the extensive Roman law library needed for his translation; his approach to translation; and his collaboration with Clyde Pharr on Pharr's "Corpus Juris Romani" series. The article also describes the author's editing and digitization of Justice Blume's translation.

The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley

Timothy G. Kearley

Remarks On David Daube’S Lectures On Sale, With Special Attention To The Liber Homo And Res Extra Commercium, Ernest Metzger

Ernest Metzger

This article discusses a collection of lecture notes on the Roman law of sale prepared by David Daube for an advanced course conducted at the University of Aberdeen from 1954 to 1955. The article considers in detail Daube’s lecture on the sale of the liber homo and res extra commercium in Roman law. An excerpt from that lecture is attached as an Appendix. His treatment of the subject is unfinished (and unpublished), though it is possible to see how his views might have developed. The final section offers an opinion on Daube’s approach to interpreting texts and its value to …

Justice Fred Blume And The Translation Of Justinian's Code, Timothy G. Kearley

Timothy G. Kearley

The Buyer Who Wants To Pay More, Ernest Metzger

Ernest Metzger

In Roman law, a valid contract of sale required the parties to agree on a certain price. Some modern works nevertheless accept that the law ignored a certain species of error: the buyer is willing to pay more than the seller expects to receive, and a valid contract of sale is formed on the lower price. This supposed exception is based, not any text on sale, but on a single text on contracts of hire, Digest 19.2.52. This text suggests that, in some cases, a contract of hire might arise where the tenant believes he is paying a higher rent …

Acquisition Of Living Things By Specification, Ernest Metzger

Ernest Metzger

Ownership of the product of living things, such as human tissue or cultures developed from human cells, is difficult for the law to determine. Civilian jurisdictions, with their legal heritage grounded in Roman law, offer one solution. Civilian jurisdictions would resolve such cases under the rules of specification. A recent case from the Outer House of the Scottish Court of Session (Kinloch Damph Ltd v Nordvik Salmon Farms Ltd) addresses the problem. The case was properly decided, though the grounds of the decision could be improved. Specifically, on civil law principles, civilian courts ought to award ownership of a living …