Thursday, October 17, 2019
Preators in Roman Law vs Equity in English law Essay
Preators in Roman Law vs Equity in English law - Essay Example This essay stresses that English law remains uncodified just like Roman law, but there exists a vast legal framework comprised of records of cases and the legal principles on which decisions have been made. Therefore one of the most important contributions made by both Roman and English law have been in the maintenance of accurate, meticulous and detailed records f the cases in question. This helps to not only elaborate and consolidate established legal principles for the benefit of future legal personnel, but it also serves as a record for historical purposes. The maintenance of such written records have also been the cause for the initiation of reforms as necessary, when the precedents are found to be inapplicable and are overturned by fresh precedents, which was also done in the same manner in Roman law. This paper makes a conclusion that the Preators made a substantial contribution to the development of equitable, time tested principles that would be able to withstand the test of time. In a similar manner, English law has also made a substantial contribution to furthering the cause of law by introducing measures of equity when the medieval judges began to rely too much on precedent. Thereby by a judicious mix of the old and the new, the current legal system is continuing to evolve, retaining those principles that are worthwhile and rejecting those that are outdated by replacing them with new precedents, to further the cause of justice.
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