Law (Department)
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Item Adam Smith and Roman Servitudes(2005-11-03T14:31:04Z) Metzger, ErnestThis essay discusses Adam Smith historical jurisprudence and his use of Roman law materials in his Lectures on Jurisprudence. It argues that Smith found it difficult to maintain his theory of legal development in the face of a highly developed body of Roman law literature.Item The Case of Petronia Iusta(Office international de librairie, 2000) Metzger, ErnestThis article examines a lawsuit from the 70s AD, concering a young woman from Herculaneum.Item Review of K. Haakonssen (ed), Adam Smith: The Theory of Moral Sentiments (2002)(Edinburgh Law Review, 2003) Metzger, ErnestItem Postscript on nova species and Kinloch Dampf Ltd. v. Nordvic Salmon Farms Ltd.(Roman Law Society of America, 2004) Metzger, ErnestThis article examines a case from the outer house of the Court of Session in Scotland. The case deals with the ownership of living things, and in particular the issue whether a person can become owner of a living thing via the civilian doctrine of specification.Item Quare? Argument in David Daube, After Karl Popper(Roman Law Society of America, 2004) Metzger, ErnestThis article considers the method of argument favoured by David Daube (1909-1999), a scholar of Roman and biblical law. It suggests that Daube used a method of argument championed by Karl Popper (1992-1994), a philosopher of science.Item Roman Judges, Case Law, and Principles of Procedure(University of Illinois Press, 2004) Metzger, ErnestThis article argues that there was a fashion in the 19th and early 20th centuries to view the Roman judge as a kind of authentic voice of the people, and this encouraged the view—still existing today—that a Roman judge did not take any guidance from the decisions of other judges.Item Actions(Duckworth and Cornell University Press, 1998) Metzger, ErnestA brief introduction to the Roman law of actions.Item Acquisition of Living Things by Specification(Edinburgh Law Review, 2004) Metzger, Ernest