This paper examines the use of Roman law by members of the House of Lords in three recent decisions: Fairchild vs. Glenhaven Funeral Services  UKHL 22; Foskett vs. McKeown  1 AC 102; and OBG vs. Allan  UKHL 21, The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within the decisions can be seen the value of reference to Roman law.
Monday, December 28, 2009
Lee on Reference to Roman Law in the House of Lords
James Lee, University of Birmingham School of Law, has posted a new paper: Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law. It appears in Roman Legal Tradition (2009). Here's the abstract: