Overview

The main areas of Legal History will include but will not be limited to:

the origins of the common law;

the history of the legal system itself, in particular the development of the court structure and the forms of action;

the history of land law and succession, to include the development of the concept of the use, equity and the modern trust;

the development of the English law of obligations dealing principally with the history of the law of contract;

The module will also examine the main features of Roman law relating to:

status and citizenship;

the family;

succession;

property;

obligations and actions, in each area seeking to compare the Roman legal principles with those of the English common law.

The main areas of Legal History will include but will not be limited to:

the origins of the common law;

the history of the legal system itself, in particular the development of the court structure and the forms of action;

the history of land law and succession to include the development of the concept of the use, equity and the modern trust;

the development of the English law of obligations dealing principally with the history of the law of contract;

The module will also examine the main features of Roman law relating to:

status and citizenship;

the family;

succession;

property;

obligations and actions, in each area seeking to compare the Roman legal principles with those of the English common law.

Assessment Strategy

-threshold -Threshold: D- to D+ (40-49%) An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.

-good -Good: B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.

-excellent -Excellent: A- to A* (70+%) An outstanding answer containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.

-another level-C- to C+: C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent

Learning Outcomes

• Be able to evaluate the historical developments in the history of the English common law of contract.

• Demonstrate a critical understanding of the Roman Laws relating to persons and Roman concepts of ownership.

• Demonstrate a critical understanding of the origins of the common law and of the court system in English legal history.

• Demonstrate a critical understanding of the sources of Roman Law and Roman litigation.

• Have a critical understanding of the Roman principles of the Law of Obligations.

• Have a critical understanding of the origins of the concepts of the trust, estates in land and the history of land law and succession