Roman Law in American Law: Twentieth Century Cases of the Supreme Court

Authors

Samuel J. Astorino

Abstract

One of the most enduring problems of the legal history of the West concerns the influence of Roman law on the development and nature of subsequent legal systems. This Article examines cases decided roughly in the twentieth century by the United States Supreme Court in order to evaluate the manner, and extent, that that tribunal used Roman law. Legal historians who have ably chronicled the patterns of American legal development have almost totally ignored the presence of Roman doctrines in the jurisprudence of the United States. This Article delves into Roman Law in twentieth century Supreme Court cases to illustrate such a presence. Following some brief introductory remarks, this' Article follows with a slightly modified chronological approach to Supreme Court case law. The Article concludes with an analysis of the meanings that may be gathered from these cases.

First Page

627

Recommended Citation

Samuel J. Astorino, Roman Law in American Law: Twentieth Century Cases of the Supreme Court, 40 Duq. L. Rev. 627 (2002).
Available at: https://dsc.duq.edu/dlr/vol40/iss4/3