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Mapping the LawEssays in Memory of Peter Birks$
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Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

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Logic and Experience in Roman Law

Logic and Experience in Roman Law

(p.513) 27 Logic and Experience in Roman Law
Mapping the Law

David Johnston

Oxford University Press

This chapter explores both classical Roman Law and the later developments which helped to shape thinking in modern law. It argues that, like history books, law books tend to be written by the victors with the result that doctrines which ultimately failed to prosper are rather overlooked. Drawing attention to two ultimately unsuccessful doctrines in contract and delict, the chapter considers why they failed in practice, even though, at first sight, they might seem to have been attractive, at least from the standpoint of legal theory.

Keywords:   Roman law, modern law, law books, contract, delict, legal theory

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