Contrary to what the author implies, tort law did not begin with English common law. Nor was English common law the result of a set of customs written down by a particularly powerful tribe in England. Tort law was a part of the Roman law system, and Roman law was the basis for all of the more "modern" legal systems that developed later in those parts of Europe (including England) that had been conquered by the Romans. In addition, until the time of Justinian the Roman law system was a "common law" system. Thus, assuming it did not have earlier roots in Greek or other legal systems, it would be more accurate to say that tort law is the result of a set of customs written down by a particularly powerful tribe in the middle of what is now known as Italy. That tort law has endured for such a long time is an indication that it plays a significant role in society.
Tuesday, September 4, 2012 - 16:54