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Wrongful Damage to Property in Roman Law

British Perspectives

Edited by Paul J. du Plessis

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A new assessment of the importance of the lex Aquilia (wrongful damage to property) on Roman law in Britain

Few topics have had a more profound impact on the study of Roman law in Britain than the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property. This volume investigates this peculiarly British fixation against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.

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Contents

Preface
Paul J. du Plessis

Matters of Context

1. The Early Historiography of the Lex Aquilia in Britain: Introducing Students to the Digest
John W. Cairns

2. William Warwick Buckland on the Lex Aquilia
David Ibbetson

3. ‘This Concern with Pattern’: F.H. Lawson’s Negligence in the Civil Law
Paul Mitchell

4. Student’s Digest: 9.2 in Oxford in the Twentieth Century
Benjamin Spagnolo

Case Studies

5. Revisiting D.9.2.23.1
Joe Sampson

6. Reflections on the Quantification of Damnum
Alberto Lorusso

7. Causation and Remoteness: British Steps on a Roman Path
David Johnston

8. Roman and Civil Law Reflections on the Meaning of Iniuria in Damnum Iniuria Datum
Giuseppe Valditara

9. Lord Atkin, Donoghue v Stevenson and the Lex Aquilia: Civilian Roots of the ‘Neighbour’ Principle
Robin Evans-Jones and Helen Scott

10. Conclusions
Paul J. du Plessis

Index

About the Author

Paul J. du Plessis is Professor of Roman Law at the University of Edinburgh. His research focuses predominantly on the multifaceted and complex set of relationships between law and society in a historical context. Paul is an experienced editor and author. He is co-editor of the following publications: The Making of the Ius Commune: From Casus to Regula (EUP, 2010), Beyond Dogmatics: Law and Society in the Roman World (EUP, 2007), Reassessing Legal Humanism and Its Claims (EUP, 2015) and The Oxford Handbook of Roman Law and Society (OUP, 2016). He is also editor of New Frontiers: Law and Society in the Roman World (EUP, 2013), Cicero's Law: Rethinking Roman Law of the Late Republic (EUP, 2016) and Borkowski's Textbook on Roman Law (OUP, 2015).

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