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87 Tul. L. Rev. 867 (2012-2013)

handle is hein.journals/tulr87 and id is 915 raw text is: English Torts and Roman Delicts: The Correspondence of James Muirhead and Frederick Pollock John W Cairns* The revival of the study of Roman law in Bntau in the second half of the nineteenth century was a complex development not yet fully understood It is evident that aVareness of German scholanshp in Roman law both systematic and histoi7cal, and the development of curricula in the universities were crucial in this revival, which also influenced the writing of treatises on the common law This Article focuses on the publication ofErwin Grueberk textbook on the Lex Aquilia intended for use by students in Oxford It places it in context and explores the reaction to it of James Muihead Professor of Civil Law in Edinburgh, and Grueberk Oxford colleague, Sir Frederick Pollock. Pollock admired Muirhead as a scholar of Roman law and coresponded wth hin about Grueber§ bool which he also asked Murhead to review for the Law Quarterly Review. This was one year before Pollock pubhshed his work on torts, i which he cited Grueber Muirhead response to Pollock throws hght on contemporary scholaiship. This Article fmally nises questions about our understanding of the development of the study ofRoman lawin late- Wctonan Britain. I. INTRODUCTION. ................................... ....... 867 II. ROMAN LAW AND UNIVERSITY REFORM IN OXFORD AND EDINBURGH ................................... ..... 870 III. THE SIGNIFICANCE OF MUIRHEAD .................. .....875 IV MUIRHEAD, POLLOCK, GRUEBER, AND DIGEST 9.2 ...................878 V CONCLUSION .................................. .....884 I. INTRODUCTION The author recently acquired a copy of The Roman Law of Damage to Property: Being a Commentary on the Title of the Digest ad Legem Aqwiam (DM2) with an Introduction to the Study of the Corpus luris Civiks, published in 1886. This was written by Erwin Grueber, then a reader in Roman law in the University of Oxford. This particular copy was the one that was presented by Grueber to Sir Frederick Pollock, and on the verso of the front fly leaf, it is inscribed * D 2013 John W Cairns. Professor of Civil Law, University of Edinburgh. The author is grateful for the comments of Hector L. MacQueen and the assistance of Andrew Herd. Permission to cite manuscript material from archival collections in their care is courtesy of the Edinburgh City Archives, the Keeper of the Advocates Library, and the Archivist and Librarian of the University of Edinburgh. 867

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