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Full-Text Articles in Legal History

The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman Jan 1911

The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman

Faculty Scholarship Series

In spite of the progress of legal education in the last decade
there still lingers in some places that now time-worn belief that
a knowledge of Roman law is of no use at all in the legal profession.
This view of the present value of Roman law is obviously
superficial. It is based on the assumption that because the
Roman state and tribunals perished centuries ago, therefore
Roman law itself has long been dead also. But this conception
of the fate of Roman law is historically inaccurate and false.
The spirit of Roman law did not die,-on the contrary ...


Acquisitive Prescription: Its Existing World-Wide Uniformity, Charles P. Sherman Jan 1911

Acquisitive Prescription: Its Existing World-Wide Uniformity, Charles P. Sherman

Faculty Scholarship Series

The recent appeal of Lord Justice Kennedy1 for unified laws
covering the various fundamental transactions of business and of
domestic relations is not a mere dream, but rests on a solid foundation
of fact,-namely the too-often overlooked agreement as to
essentials which exists in modern law throughout the world.
So thoroughly have the principles of Roman law survived or
been re-absorbed in all modern jurisprudence that a movement
for unification of the private laws of the world is a natural result
of this situation. The world of today is witnessing a virtual
economic unity, and also something approaching a ...


The Nineteenth Century Revival Of Roman Law Study In England And America, Charles P. Sherman Jan 1911

The Nineteenth Century Revival Of Roman Law Study In England And America, Charles P. Sherman

Faculty Scholarship Series

The present revival of Roman Law study in England and America is largely due to Sir Henry Maine. Sheldon Amos' loyal tribute deservedly extols the genius of Maine who "rescued the laws of Rome from the neglect into which they had fallen in England and established forever their essential relation to every system of law having an European parentage."'