Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law

TY - JOUR

T1 - Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law

AU - Lee, James Simon Francis

PY - 2009

Y1 - 2009

N2 - This paper examines the use of Roman law by members of the House of Lords in three recent decisions: Fairchild v Glenhaven Funeral Services [2002] UKHL 22; Foskett v McKeown [2001] 1 AC 102; and OBG v Allan [2007] UKHL 21. The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within these decisions can be seen the value of reference to Roman law.

AB - This paper examines the use of Roman law by members of the House of Lords in three recent decisions: Fairchild v Glenhaven Funeral Services [2002] UKHL 22; Foskett v McKeown [2001] 1 AC 102; and OBG v Allan [2007] UKHL 21. The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within these decisions can be seen the value of reference to Roman law.

M3 - Article

SP - 24

EP - 66

JO - Roman Legal Tradition

JF - Roman Legal Tradition

ER -