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Jurists UprootedGerman-Speaking Emigré Lawyers in Twentieth Century Britain$
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Jack Beatson and Reinhard Zimmermann

Print publication date: 2004

Print ISBN-13: 9780199270583

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199270583.001.0001

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Roman Law in Twentieth-century Britain

Roman Law in Twentieth-century Britain

(p.249) Roman Law in Twentieth-century Britain
Jurists Uprooted

Peter Birks

Oxford University Press

Roman law in the United Kingdom had two 20th century histories. One was happy, and the other was not. For generations, Justinian's Institutes had played an enormously important part in the formation of the common lawyer's mind. That debt was real even for the many who remained unaware of the identity of the creditor. By the end of the century the teaching of the Institutes course to young lawyers in the early stages of their legal education had almost completely died out. The other, by comparison, has nothing immediately to do with the education of common lawyers. It is the story of the British contribution to research and scholarship on Roman law itself. The uprooted Romanists who came to Britain were part of, and partly made, both of these different stories.

Keywords:   Britain, Roman law, émigré legal scholars, Germany, legal education, curriculum, David Daube, Otto Lenel, dogmatic interpolationism, legal research

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