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Judge and Jurist
Essays in Memory of Lord Rodger of Earlsferry
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Sheriff T Welsh QC, SCOLAG Legal Journal The essays are rich with history, rewarding the reader with a wealth of knowledge and hopefully with a crisper understanding of some of the generalities and nuances of Roman Law... The editors, authors and publishers, at Oxford University Press, are to be commended on the compilation of such a fitting and inspiring tribute to a man whose immense contributions to the development of the very fabric of our legal system will, undoubtedly, outlast us all.
The Commonwealth Lawyer 'Of Lord Rodger's brilliant mind and his scintillating work none of the contributors is in any doubt, A thoughtful bibliography attached to this volume records 107 learned articles by the judge which speaks volumes for his erudition. His forthright style, clarity of expression, and eschewal of trendy theories mark him out as truely remarkable. This volume will be savoured by "lawyers and none lawyers who find interest and enjoyment in reading about the law", as one
of the contributors neatly puts it.
David Pannick, QC, The Times This volume records the achievements and captures the spirit of a distinguished judge and academic lawyer who so enjoyed life ... Lord Dyson, now Master of the Rolls, recalls that "it was fun to be in his company. His laugh was more in the nature of a roar; it could be heard from quite some distance. I can still hear it reverberating down the corridor." It can be heard on opening this book.
Sheriff Frank C Crowe, Journal of the Law Society of Scotland ...It rewards the reader with a wealth of knowledge, anecdote and affection for one of the greatest legal figures of our times.
J D Ford, The Edinburgh Law Review The truly extraordinary thing about Lord Rodger of Earlsferry is that he not only delivered judgements of the highest calibre but also wrote books and articles that any university professor would be proud to publish.
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<br>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 <br>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. <p>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 <p>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).<br>
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 ; 2. Alan Ferguson Rodger: A Tribute given at the Memorial Service held in St Giles' Cathedral, Edinburgh on 25 November 2011 ; 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 ; 4. Lord Rodger: An Italian Tribute ; PART II: II LORD RODGER IN THE HOUSE OF LORDS AND SUPREME COURT ; 5. Dissenting Judgments ; 6. Some Reflections on Lord Rodger's Contribution to the Development of the Common Law ; 7. Lord Rodger's Mental Health Law ; 8. Fairchild and After ; 9. Lord Rodger's Notebooks ; 10. Foreign Laws and Languages ; 11. The View from behind the Bench: the Role of Judicial Assistants in the UK Supreme Court ; 12. 'Strasbourg has Spoken' ; 13. The Form and Language of Lord Rodger's Judgments ; 14. Lord Rodger and Statute Law ; PART III: ROMAN LAW AND ROMAN LEGAL HISTORY ; 15. Fama and infamia in the Roman Legal System: The Cases of Afrania and Lucretia ; 16. Damaging a Slave ; 17. The Dating of the lex Aquilia ; 18. Lenel's Palingenesia: Two Footnotes to Rodger ; 19. Grappling with the Difficult Subjects with which the Roman lawyers Liked to Grapple ; 20. Agree to Disagree: Local Jurisdiction in the lex Irnitana ; 21. Lawmaking in Times of Disorder ; 22. Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity ; 23. Pits and Pruners: culpa and Social Practice in Digest 9.2 ; 24. An Inheritance Lost and a Fraudulent Slave ; 25. Lenel and Daube: a Cross-Channel Friendship ; 26. Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception? ; 27. Jurisdiction in Urso ; 28. 'Unworthiness' in the Roman law of Succession ; PART IV SCOTS LAW AND SCOTTISH LEGAL HISTORY ; 29. Words and Concepts: Trust and Patrimony ; 30. Freeing from Slavery in Eighteenth-Century Scotland ; 31. Lawyer for All Time ; 32. Lord Rodger and the Criminal Law ; 33. The Enrichment Claim of the mala fide Improver of Another's Property ; 34. Thinking about some Scots Law: Lord Rodger and Unjustified Enrichment ; 35. Communis error facit ius ; 36. Objectivity and Subjectivity in Contract Interpretation ; 37. Ae Fond Kiss: a Private Matter? ; 38. Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees ; 39. Some Thoughts on the Nature of Liability for Negligence in Scots Law ; PART V: NEW PERSPECTIVES ON RECURRING THEMES ; 40. Legal Academics: Forgotten Players or Interlopers? ; 41. Common Law Retrospectivity ; 42. Faith, Trust, and Charity ; 43. Al-Skeini and the Extra-territorial Application of the European Convention on Human Rights ; 44. Trees and Neighbours ; 45. Performance of an Obligation by a Third Party ; 46. The Courts, the Church and the Constitution Revisited ; 47. Legislating in Vain