Dr. Paul J du Plessis | Prof of Roman Law, School of Law, The University of Edinburgh
- Dr. J du Plessis is the professor of Roman Law School of Law at the University of Edinburgh.
- He is the author of six books with publishers including Oxford University Press and Bloomsbury.
Podcast
Overview
In this episode, join Professor Dr. Paul J du Plessis, a distinguished authority on Roman Law at the University of Edinburgh, on a journey back in time. Unravel the profound impact of Roman law on modern legal systems, society, and human rights. Delve into intriguing courtroom orations and discover how the echoes of ancient Rome still resonate through the corridors of history. Tune in for a riveting discussion that sheds light on the enduring significance of Roman law in shaping the world we know today.
[00:38] – About Dr. Paul J du Plessis
- Dr. J du Plessis is the professor of Roman Law School of Law at the University of Edinburgh.
- He is the author of six books with publishers including Oxford University Press and Bloomsbury.
- Dr. Plessis is also a member of various organisations dedicated to the study of legal history.
[06:27] – How independent was the judiciary in Roman times?
- The Roman legal system was a system of remedies, rather than a system of abstract legal rights.
- One had a legal right to a piece of property, the Romans would not discuss the issue of ownership in an abstract way.
- They would always discuss it with reference to the legal remedy that one needed to use in order to enforce or counteract claims in a court of law.
- Even if one might find the legal procedures to be a dry topic, it is important in order to understand the law.
- The most important thing to realise is, much like in modern law, so in Roman law, litigation was at one end of a spectrum of ways in which one could resolve a dispute between parties.
- They also had things that we now call ‘mediation,’ which was not legally binding and ‘arbitration,’ which could be legally binding, depending on how the parties had entered into it.
- Litigation was a last resort.
[18:00] – Do you think Roman law has had an influence on the development of human rights?
- We think of human rights as a kind of modern invention.
- Human rights discussions started in the European legal tradition in the aftermath of the French Revolution of 1789.
- Their debates dealt about the nature of man, and about the true state of mind being free or not free.
- However, it is coaxed in the language of Roman law because of the fact that Roman law was such a pervasive influence in European legal education in the 18th century.
RESOURCES:
You can connect with Dr. Paul J du Plessis: LinkedIn
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Profile
- Dr. J du Plessis is the professor of Roman Law School of Law at the University of Edinburgh.
- He is the author of six books with publishers including Oxford University Press and Bloomsbury.
- Dr. Plessis is also a member of various organisations dedicated to the study of legal history.
