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Paperback
ISBN: 9780199791132

Casebook zum römischen Sachenrecht, 10th ed., by H. Hausmaninger and R. Gamauf (Wien: MANZ, 2003), translated with introduction and supplementary notes by George A. Sheets.

The materials on this website are provided as a supplement to the Casebook on Roman Property Law.  The Casebook itself contains a systematic collection of "cases" culled from Roman juristic sources, presented in the original Latin with English translations and discussion.  Many of the cases are accompanied by excerpts from modern European civil codes (also with English translation) that illustrate how the rule or principle at issue has been adopted, adapted, or rejected in the continental civil law tradition.  Since most readers of the Casebook in its English translation will come to Roman property law from the perspective of Anglo-American common law, this website aims to broaden the scope of comparison so as to include the common law tradition.  This website should be considered a work in progress.  The author intends for the discussion and materials that are collected here to be revised and supplemented periodically. To that end, readers and users of the Casebook are cordially invited to suggest additional materials and corrections or other improvements by emailing the author at: gasheets@umn.edu.  The author's initial aims have been to note important conceptual and terminological differences and similarities between the common law and civil law traditions and to set forth a general comparative framework organized under headings that correspond to the chapters and cases of the Casebook.  Some attention has also been given to elements of the common law tradition that reveal historical connections with and influences from the civil law tradition.

Further reading on historical connections between the common and civil law traditions, with a focus on property law:

Donahue, Charles, Jr.  "What Happened in the English Legal System in the Fourteenth Century and Why Would Anyone Want to Know?" 63 S.M.U.L.R. (2010): 949—966.

______. Review of The Civil Lawyers in England 1603-1641; A Political Study. By Brian P. Levack. Oxford: Clarendon Press, 1973, in 84 Yale L. J. (1974): 167—181.

Gordley, James and Arthur Taylor Von Mehren. An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials. Cambridge: Cambridge University Press, 2006, 141—213.

Helmholz, Richard.  "Magna Carta and the ius commune," University of Chicago Law Review 66 (1999) 297—371.

Milsom, S. F. C.  Historical Foundations of the Common Law, 2nd ed. London: Butterworths, 1981, 99—244.

Plucknett, T. F. T. "The Relations between Roman Law and English Common Law down to the Sixteenth Century: A General Survey." University of Toronto Law Journal 3 (1939): 24—50.

Pollock, Frederick and Frederic William Maitland. The History of English Law before the Time of Edward I, 2nd ed. Union, NJ: Lawbook Exchange, 1996; 1898. Vol. 1, 119—144; Vol. 2, 2—30, 156—191

Stein, Peter. "Roman Law and English Jurisprudence," Inaugural lecture as Regius Professor of Civil Law at Cambridge, 8 May 1969, reprinted in The Character and Influence of the Roman Civil Law: Historical Essays. Ronceverte, WV: Hambledon Press, 1988,  151—165.

______. "Continental Influences on English Legal Thought, 1600—1900," in The Character and Influence of the Roman Civil Law: Historical Essays. Ronceverte, WV: Hambledon Press, 1988, 209—229.

Ullmann, Walter. "Bartolus and English Jurisprudence," in Bartolo da Sassoferrato. Studi e Documenti per il VI centenario, Danilo Segolini ed., Vol. 1. Milano: Giuffre 1962, 47—73.

van Caenegem, R. C. The Birth of the English Common Law. Cambridge: Cambridge University Press, 1973, 85—110, w. notes at 136—147.

Online resources:

JuriGlobe: an interactive map and database of world legal systems showing common and civil law jurisdictions.

A Primer on the Civil-Law System by James G. Apple, Chief, Interjudicial Affairs Office Federal Judicial Center and Robert P. Deyling Judicial Fellow Administrative Office of the U.S. Courts, 1994—1995, http://www.fjc.gov/public/pdf.nsf/lookup/civillaw.pdf/$file/civillaw.pdf.



 
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