The Revival of Roman Law Study
625
Hunter,” Roby,ll Clark,l2 and the Scotch civilians, Mackenzie13 and C01
Wheeler.m The revival of Roman law study has spread to other law schools —
quhoun.“ One result of this movement in Eng land is that the Roman Institutes of Justinian are now a required subject for admission to the English bar. Eng
Columbia, Pennsylvania, the Catholic University, Chicago, Stanford, Harvard
land has joined hands with Scotland‘5 in requiring a knowledge of Roman law
to form an essential part of a legal education. No longer is the English lawyer totally ignorant of the world current of jurisprudence. This nineteenth century revival of Roman law study soon passed across the Atlantic into America. Ground had already been broken for this move
ment in the United States by the illus trious Chancellor Kent, who was the
earliest American jurist to frankly con fess the great debt owed by English
law to Roman jurisprudence and whose "Commentaries" with their Roman in fluence, have greater authority in America than those of Blackstone. Roman law seems to have been first taught at Yale: it was "the first Ameri can law school in America or England
to establish a course leading to the degree of Doctor of Civil Law."" The pioneer teachers of Roman law at Yale
include the late Professors Hadley" and 10 William A. Hunter. whose "Roman Law in the Order of a Code" has never been equaled in Eng lish. ‘‘ Henry John RobyI Professor at University College, London. "Regius Professor of the Civil Law at Cambridge. "Lord Mackenzie, a judge of the Court of Ses sions. whose "Studies in Roman Law with Com parative Views of the Laws of France, England and Scotland." is renowned. 1‘ Patrick MacChombaich De Colquhoun. whose elaborate "Summary of the Roman Civil Law" is the pioneer work in English. "See Mackenzie. "Roman Law" (7th edition), p. 47. "Yale Law School Bulletin, l910—11. p. 6. "James Hadley, father of President Arthur T. Hadley of Yale, author of "Introduction to Roman Law."
and others. One result of this move ment is bound to benefit certain Ameri can law schools: it will sooner or later destroy the present over-emphasis by them on the “case method" as the exclusive method of teaching American law. As compared with the literary pro
ductions of the English Romanists, very little as yet has been done by American Romanists. But there are a few who rank with their English brethren, such as Morey,‘0 Howe,” Robinson,21 and the Canadian, Walton.”
Two states now require a knowledge of Roman law for admission to the bar— Louisiana" and Kansas." That it should be made requisite in Louisiana is not surprising; that it is necessary in Kansas—a common law state-—is proof of the progress of the present re vival of Roman law in the United States. But with all the advance made by this movement there is still room for
further progress. The rank and file as well as a favored few of the great army of nearly 19,000“ law students scat "Albert Sproull Wheeler, who established by will in 1905 the Wheeler Library of Roman Law. "William C. Morey. Professor at Rochester University, author of "Outlines of Roman Law." "Judge William Wirt Howe of New Orleans. author of "Studies in the Civil Law." '1 William C. Robinson, formerly Professor Yale University and now Dean of the Catholic University Law School. His "Elementary Law." the nearest approximation to a true code of American law. reflects much of the spirit of the Corpus Juris. 2’ Frederick Parker Valton. Professor and Dean at McGill University Law School, author of "His toriul Introduction to Roman Law." ” See "Rules for Admission to the Bar" (5th ed.), 1909, West Pub. Co., "Louisiana." "Id. "Kansas." "Estimated Figures. 1909. See "World Almanac
for 1911." p. 481.
