Historical Introduction to the Roman Law (Classic Reprint)
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Excerpt from Historical Introduction to the Roman Law
In a general course upon the Roman Law, I do not find it profitable to devote any large proportion of the lectures to its history. There are two methods of teaching the Roman Law, both of which have dis tinguished supporters. One is to present it as a thing apart, without reference to the present. The student is left to make any applications which he may see fit. The other method is to Show the way in which the Roman Law has grown into the modern Civil Law. In a country like England the former method is the more natural, because the Roman Law and the English Law are essentially different systems. In a country of the Civil Law, like the Province of Quebec, the latter method is, I think, the more useful. Between the ancient and the modern law, there is no breach of continuity, the one has grown out of the other. Whichever method we adopt, the law cannot be made intelligible to the student.
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