Date: Thu, 13 Dec 2007 13:57

From: Ken Oliphant

Subject: Obligations in the common law

Quite right. And here's another reference to throw into the hat:

F Pollock, The Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law (London, Stevens and Sons, 1887)

Anyone know off-hand whether or not his contract book had a similar sub-title?

Ken

--On 13 December 2007 13:43 +0000 Tariq Baloch wrote:

Dear Chaim,

I think common lawyers have long been familiar with the term and well aware of the extent to which the common law coincides with the civil category. It may not always be visible but here are some examples that may (or may not) provide some further lines of inquiry:

In private International law, lawyers would have had to get to grips with different sorts of classification; a good example and source here is

J Westlake, A Treatise on Private International Law (1859), see generally the chapter on "International Law of Obligations", and esp art 104 [120] where English law in this area is discussed.

Other sources:

S Amos, A Systematic View of the Science of Jurisprudence (1872) - good early example of classification discussion (with ref to civil law and common law)

WW Home, Studies in the Civil Law and Its Relation to the Law of England and America (1896), see the chapter "Obligations: And Herein their Sources", esp 108

W Holdsworth, Historical Introduction to Land Law (1927), 140.

And finally an 18th century example:

J Ayliffe, A New Pandect of Roman Civil Law, as anciently established in that empire ... (1734) esp xlvii (near bottom where he discusses how someone has passed off a classification from roman law which include obligations as common law).

----------------------
Ken Oliphant, CSET Reader in Tort, School of Law, University of Bristol, Wills Memorial Building, Queens Road, Bristol BS8 1RJ.  

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