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1956 Butterworths S. Afr. L. Rev. 1 (1956)
Herbert Felix Jolowicz

handle is hein.journals/butsalr3 and id is 11 raw text is: HERBERT FELIX JOLOWICZ THE sTUDY of Roman law in England has suffered a great loss by the death of H. F. Jolowicz, who was Professor in London from 1931 to 1948, and in Oxford from 1948 till his death on 19th December 1954. His Historical Introduction to Roman Law must be well known, not only in England, but all over the world. Jolowicz was born in London in 1890, and went to St. Paul's School, in London, and from there, with a Classical Scholarship, to Trinity College, Cambridge, where he studied first Classics and then Law, mainly Roman Law. He was one of two in the First Division of the First Class in Part I of the Classical Tripos, in 1911; and one of three in the undivided First Class in Part I of the Law Tripos in 1913, the other two being 0. D. Schreiner and W. L. McNair, both destined for high judicial office, in South Africa and in England. He then spent a year in Germany, studying under the two greatest authorities on Roman Law, Ludwig Mitteis at Leipzig and Otto Lenel at Freiburg. He returned just before the outbreak of war in 1914, joined the Army in September, and saw active service in Gallipoli, Egypt and France. After the war, he was called to the Bar, by the Inner Temple; and in 1920 he became All Souls Reader in Roman Law at Oxford, combining the post, from 1924, with a Lectureship, later Readership, in Roman Law and Jurisprudence at University College, London. He was appointed Professor of Roman Law in the University of London in 1931. Both in Oxford and in London he took his full share of tutorial work, in addition to lecturing; and he held various administrative offices, including that of Dean of the London University Faculty of Laws. He served in the Army again between 1939 and 1945. In 1948 he was appointed (by the Crown) Regius Professor of Civil Law in the University of Oxford. During the autumn of 1953 he was visiting Professor at the Tulane University of New Orleans, and lectured at Yale, Columbia and Chicago. The Historical Introduction to Roman Law was first published in 1932 and a second edition appeared in 1952. The text was thoroughly revised, and an Appendix of forty-four pages gave a succinct account of the most important discoveries and discussions during the interval. Jolowicz was a most conscientious and industrious scholar, and always kept abreast of modern books and articles, although he was not easily carried away by new ideas. He was on the whole conservative about Interpolations (though less so than some English civilians), and believed that many texts in Justinian's Digest were more genuinely classical than some modern writers would admit. His edition of the Digest Title De Furtis (1940) gave a careful and sympathetic account of the radical, or Interpolationist, views of Schulz and Haymann, though he character- istically concluded: In spite of their learning and brilliance, neither Schulz's nor Haymann's formula is finally acceptable, because they are both in fact too simple and presuppose a greater uniformity and con- 1

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