Description
Book SynopsisThis book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fuses the vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German, English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of the law.
Trade Review'This book', as James Gorley writes in the Americal Journal of Comparative Law 'is an account of the Roman roots of the modern law of contract, tort and unjust enrichment ... A principle goal is to show that the Roman legal tradition is a key to understanding modern law. For that reason, althought the book contains a magisterial treatment of the development of ancient Roman law, it does not, like the typical work on the subject, leave off with Justinian. It describes how Roman law was modified, beginning with the legal renaissance of the twelfth century, to form a ius commune, a law common to continental Europe. It shows how the Roman tradition shaped the national legal systems that emerged when the ius commune fragmented ... [and] describes how Roman law has influenced the English common law.' * American Journal of Comparative Law *
'Reinhard Zimmermann's study of the Roman law of obligations has been justly praised, and it is now well known, not only for its intrinsic excellence, but also for the manner in which it has opened up a dialogue between lawyers of the Civilian and Common law traditions...The book is indeed the most extraordinary tour de force of erudition lucidly expounded. The publication of the paperback edition at a reasonable price is thus to be welcomed...stimulating and thought-provoking...Oxford University Press is to be congratulated in publishing a translation of one and a relatively inexpensive edition of the other. Both are important books.'
