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Lessons from Roman law: EU law in England and Wales after Brexit

Cotter

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Abstract

The experience of Roman law in legal education in England and Wales may serve as a cautionary tale for EU law post-Brexit. Similarly, past debates as to the position of Roman law in the curriculum may also be instructive in the EU law context. After tracing the history of the teaching of Roman law in England and Wales, this article posits first that the factors that appear to have caused the decline of Roman law could apply equally in the context of EU law. Secondly, based on both pragmatic and liberal education arguments that have historically been proffered for the study of Roman law, it advances arguments for the retention of a compulsory stand-alone EU law module in England and Wales after Brexit. To this end, the paper contends that the arguments for the retention of EU law in legal education are more robust than those asserted traditionally in favour of Roman law.

Acceptance Date Feb 15, 2019
Publication Date Apr 3, 2019
Publicly Available Date Mar 29, 2024
Journal The Law Teacher
Print ISSN 0306-9400
Publisher Routledge
Pages 173 - 188
DOI https://doi.org/10.1080/03069400.2019.1585074
Publisher URL https://www.tandfonline.com/doi/full/10.1080/03069400.2019.1585074

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