Judge and Jurist Essays in Memory of Lord Rodger

by Burrows, Andrew; Johnston, QC, David; Zimmermann, Reinhard

• ISBN13: 9780199677344
• ISBN10: 0199677344
• Format: Hardcover
• Copyright: 2013-08-16
• Publisher: Oxford University Press

Author Biography

Andrew Burrows, Professor of the Law of England, University of Oxford, and Fellow of All Souls College,David Johnston, QC, Axiom Chambers, and honorary professor at the University of Edinburgh,Reinhard Zimmermann, Director of the Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor of Roman Law and Legal History, Bucerius Law School

Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England at the University of Oxford and a Fellow at All Souls. He sits as a Recorder and is a door tenant at Fountain Court Chambers. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999. He is the author of many books on unjust enrichment, contract and remedies.


David Johnston, QC practises mainly in public law (including human rights) and commercial law. He was appointed QC in 2005. He is also an honorary professor of law at the University of Edinburgh


Reinhard Zimmermann is a Director of the Max Planck Institute for Comparative and International Private Law in Hamburg and is Chairman of the Social Sciences, Arts, and Humanities Division of the Max Planck Society. He is the author of numerous books on comparative law and legal history, including The Law of Obligations (1996) and The New German Law of Obligations (2005).

Table of Contents

Part I: Tributes to Lord Rodger
1. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011, Colin MacKay
2. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011, David Edward
3. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in the University Church of St Mary the Virgin, Oxford on 11 February 2012, Andrew Burrows
4. Lord Rodger: An Italian Tribute, Luigi Labruna
Part II: II Lord Rodger in the House of Lords and Supreme Court
5. Dissenting Judgments, Lord Brown of Eaton-under- Heywood
6. Some Reflections on Lord Rodger's Contribution to the Development of the Common Law, Lord Dyson
7. Lord Rodger's Mental Health Law, Baroness Hale of Richmond
8. Fairchild and After, Lord Hoffmann
9. Lord Rodger's Notebooks, Lord Hope of Craighead
10. Foreign Laws and Languages, Lord Mance
11. The View from behind the Bench: the Role of Judicial Assistants in the UK Supreme Court, Tetyana Nesterchuk
12. 'Strasbourg has Spoken', Lord Phillips of Worth Matravers
13. The Form and Language of Lord Rodger's Judgments, Lord Reed
14. Lord Rodger and Statute Law, Lord Walker of Gestingthorpe
Part III: Roman Law and Roman Legal History
15. Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia, Tiziana Chiusi
16. Damaging a Slave, Paul du Plessis
17. The Dating of the lex Aquilia, David Ibbetson
18. Lenel's Palingenesia: Two Footnotes to Rodger, David Johnston
19. Grappling with the Difficult Subjects with which the Roman lawyers Liked to Grapple, Rolf Knutel
20. Agree to Disagree: Local Jurisdiction in the lex Irnitana, Ernest Metzger
21. Lawmaking in Times of Disorder, Olivia Robinson
22. Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity, Martin Schermaier
23. Pits and Pruners: culpa and Social Practice in Digest 9.2, Helen Scott
24. An Inheritance Lost and a Fraudulent Slave, Boudewijn Sirks
25. Lenel and Daube: a Cross-Channel Friendship, Stefan Vogenauer
26. Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?, Laurens Winkel
27. Jurisdiction in Urso, Joseph Georg Wolf
28. 'Unworthiness' in the Roman law of Succession, Reinhard Zimmermann
Part IV Scots Law and Scottish Legal History
29. Words and Concepts: Trust and Patrimony, Ross G. Anderson
30. Freeing from Slavery in Eighteenth-Century Scotland, John W. Cairns
31. Lawyer for All Time, David L. Carey Miller
32. Lord Rodger and the Criminal Law, Paul Cullen
33. The Enrichment Claim of the mala fide Improver of Another's Property, Jacques du Plessis
34. Thinking about some Scots Law: Lord Rodger and Unjustified Enrichment, Robin Evans-Jones
35. Communis error facit ius, William M. Gordon
36. Objectivity and Subjectivity in Contract Interpretation, Phillip Hellwege
37. Ae Fond Kiss: a Private Matter?, Hector L. MacQueen
38. Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees, Kenneth G. C. Reid
39. Some Thoughts on the Nature of Liability for Negligence in Scots Law, Joe Thomson
Part V: New Perspectives on Recurring Themes
40. Legal Academics: Forgotten Players or Interlopers?, Jack Beatson
41. Common Law Retrospectivity, Andrew Burrows
42. Faith, Trust, and Charity, Joshua Getzler
43. Al-Skeini and the Extra-territorial Application of the European Convention on Human Rights, Sandy Ghandi
44. Trees and Neighbours, Birke Hacker
45. Performance of an Obligation by a Third Party, Sonja Meier
46. The Courts, the Church and the Constitution Revisited, Aidan O'Neill
47. Legislating in Vain, William Swadling