TEXTO

Studying Roman law: Juno it’s more useful than you’d think

It might sound like it has little relevance to law students in 21st century Britain, but Roman law is valuable to your future studies and career

Some might think – given the module is compulsory for Oxbridge students – that studying the law of ancient Rome is illustrative of the intellectual snobbery and elitism often associated with those two institutions. But various law schools across the UK also offer students the chance to study Roman law, whether it be as a stand-alone module (as at Dundee or Glasgow) or as part of a wider European legal history module (available at Kent and the London School of Economics).

The very idea of studying Roman law (sometimes referred to as civil law) can be confusing to many prospective law students: it’s hard to see why studying the legal system of an empire that ended over 1,200 years ago could be useful to a new law student. After all, as Issie Forrest, 19, a law student at the University of Nottingham, points out: “If I’d wanted to study history, I’d have applied for a history degree and enjoyed the comparably greater spare time that comes with it.” But it’s wrong to dismiss studying Roman law as elitist or a waste of time – this overlooks the advantages it can offer to law students, both during and after their degree.

Studying the Roman law of contract, delict or property can provide an invaluable grounding for studying the complex English system. Bronte Cook, 20, a law student at the University of Cambridge, says: “The piecemeal nature of English law, thanks to the often unstructured development of the common law, means that certain central ideas are lost beneath layers and layers of precedent. But in many cases, the knowledge I carried over from my Roman law module allowed me to negotiate through that labyrinth.”

The Romans had the first truly advanced legal system, and Roman law principles and doctrine are littered throughout English law. The Roman concept of usucapiois almost identical to the English land law doctrine of adverse possession, and similar to prescription in public international law, while the Roman concept of consensus ad idem reflects conceptually what The siger LJ in Household Fire and Carriage Accident Insurance Co Ltd v Grant described as “practically the foundation of English law upon the subject of the formation of contracts”.

Many Roman law doctrines and maxims continue to be used in English legal cases today, making it vital for students. For example, in the case of Star Energy Weald Basin Ltd v Bocardo SA, Lord Hope referred to, and applied, the civil law maximcuius est solum, eius est usque ad coelum et ad ifernos.

Globalisation is paving the way for the increasingly international legal transactions and disputes. As a result, solicitors are required to work across numerous jurisdictions. Knowledge not only of languages but also of some of the relevant legal concepts of these jurisdictions is beneficial. Because the French, German, Italian and a vast number of other legal systems kept alive many of the Roman legal rules and principles, studying Roman law gives students a solid grounding in the fundamental principles of these jurisdictions.

Professor Andrew Borkowski, of the University of Bristol’s Faculty of Law, says studying Roman law is “a passport to the appreciation of continental legal systems”.

John Hull, a former partner at Latham & Watkins, sums it up best: “Roman law is the historical framework to so many modern aspects of civil law procedure and jurisprudence. As a lawyer who practised in international, multi-jurisdictional litigation, I have seen first-hand how Roman law concepts are woven like a thread into fundamental aspects of cases I have been involved in, both as a matter of the private and public international law.”

The concept of lis alibi pendens, which is integral to many multi-jurisdictional disputes today to the extent that is enshrined within EU law, demonstrates this. It holds that a court cannot accept jurisdiction over a case that another court is in the process of determining.

For many law students too, some of the contents of a Roman law module – as well as being useful for future studying and work – can represent a welcome break from the complexities of English law. After struggling through a book about mortgages or a never-ending article on legal causation, reading the primary sources of Roman law – much like some English case law – often make for light-hearted relief.

So don’t dismiss Roman law as an unimportant module that’s not worth studying: the knowledge it offers can be valuable to your future studies and career. And, compared to other law modules available, it’s a lot less Gaul-ling.

At: http://www.theguardian.com/law/2016/apr/11/why-studying-romanlaw-is-useful-for-law-students-careers

Instrução: Leia o texto Status of same-sex marriage para responder a questão.

Status of same-sex marriage

South America

Argentina

The Autonomous City of Buenos Aires (a federal district and capital city of the republic) allows same-sex civil unions. The province of Rio Negro allows same-sex civil unions, too. Legislation to enact same-sex marriage across all of Argentina

was approved on July 15, 2010.

Brazil

A law that would allow same-sex civil unions throughout the nation has been debated. Until the end of the first semester of 2010 the Supremo Tribunal Federal had not decided about it.

Colombia

The Colombian Constitutional Court ruled in February 2007 that same-sex couples are entitled to the same inheritance rights as heterosexuals in common-law marriages. This ruling made Colombia the first South American nation to legally recognize gay couples. Furthermore, in January 2009, the Court ruled that same-sex couples must be extended all of the rights offered to cohabitating heterosexual couples.

Ecuador

The Ecuadorian new constitution has made Ecuador stand out in the region. Ecuador has become the first country in South America where same sex civil union couples are legally recognized as a family and share the same rights of married heterosexual couples.

Uruguay

Uruguay became the first country in South America to allow civil unions (for both opposite-sex and same-sexcouples) in a national platform on January 1, 2008. Children can be adopted by same-sex couples since 2009.

(http://en.wikipedia.org/. Adaptado.)

TEXTO

Studying Roman law: Juno it’s more useful than you’d think

It might sound like it has little relevance to law students in 21st century Britain, but Roman law is valuable to your future studies and career

Some might think – given the module is compulsory for Oxbridge students – that studying the law of ancient Rome is illustrative of the intellectual snobbery and elitism often associated with those two institutions. But various law schools across the UK also offer students the chance to study Roman law, whether it be as a stand-alone module (as at Dundee or Glasgow) or as part of a wider European legal history module (available at Kent and the London School of Economics).

The very idea of studying Roman law (sometimes referred to as civil law) can be confusing to many prospective law students: it’s hard to see why studying the legal system of an empire that ended over 1,200 years ago could be useful to a new law student. After all, as Issie Forrest, 19, a law student at the University of Nottingham, points out: “If I’d wanted to study history, I’d have applied for a history degree and enjoyed the comparably greater spare time that comes with it.” But it’s wrong to dismiss studying Roman law as elitist or a waste of time – this overlooks the advantages it can offer to law students, both during and after their degree.

Studying the Roman law of contract, delict or property can provide an invaluable grounding for studying the complex English system. Bronte Cook, 20, a law student at the University of Cambridge, says: “The piecemeal nature of English law, thanks to the often unstructured development of the common law, means that certain central ideas are lost beneath layers and layers of precedent. But in many cases, the knowledge I carried over from my Roman law module allowed me to negotiate through that labyrinth.”

The Romans had the first truly advanced legal system, and Roman law principles and doctrine are littered throughout English law. The Roman concept of usucapiois almost identical to the English land law doctrine of adverse possession, and similar to prescription in public international law, while the Roman concept of consensus ad idem reflects conceptually what The siger LJ in Household Fire and Carriage Accident Insurance Co Ltd v Grant described as “practically the foundation of English law upon the subject of the formation of contracts”.

Many Roman law doctrines and maxims continue to be used in English legal cases today, making it vital for students. For example, in the case of Star Energy Weald Basin Ltd v Bocardo SA, Lord Hope referred to, and applied, the civil law maximcuius est solum, eius est usque ad coelum et ad ifernos.

Globalisation is paving the way for the increasingly international legal transactions and disputes. As a result, solicitors are required to work across numerous jurisdictions. Knowledge not only of languages but also of some of the relevant legal concepts of these jurisdictions is beneficial. Because the French, German, Italian and a vast number of other legal systems kept alive many of the Roman legal rules and principles, studying Roman law gives students a solid grounding in the fundamental principles of these jurisdictions.

Professor Andrew Borkowski, of the University of Bristol’s Faculty of Law, says studying Roman law is “a passport to the appreciation of continental legal systems”.

John Hull, a former partner at Latham & Watkins, sums it up best: “Roman law is the historical framework to so many modern aspects of civil law procedure and jurisprudence. As a lawyer who practised in international, multi-jurisdictional litigation, I have seen first-hand how Roman law concepts are woven like a thread into fundamental aspects of cases I have been involved in, both as a matter of the private and public international law.”

The concept of lis alibi pendens, which is integral to many multi-jurisdictional disputes today to the extent that is enshrined within EU law, demonstrates this. It holds that a court cannot accept jurisdiction over a case that another court is in the process of determining.

For many law students too, some of the contents of a Roman law module – as well as being useful for future studying and work – can represent a welcome break from the complexities of English law. After struggling through a book about mortgages or a never-ending article on legal causation, reading the primary sources of Roman law – much like some English case law – often make for light-hearted relief.

So don’t dismiss Roman law as an unimportant module that’s not worth studying: the knowledge it offers can be valuable to your future studies and career. And, compared to other law modules available, it’s a lot less Gaul-ling.

At: http://www.theguardian.com/law/2016/apr/11/why-studying-romanlaw-is-useful-for-law-students-careers

Para a questão leia o seguinte texto.

LAW COMPETITION OPENS SCHOOL STUDENTS' EYES TO A FUTURE IN LAW

For school students who want to pursue a career in law, this year's Bar Mock Trial Competition gave them the opportunity to take on the roles of barristers and witnesses in front of real judges. Teams from around the country met at Cardiff Crown Court where they were given cases to study and then battle out in the court rooms. As you would expect, the 15-18 year olds who made it through to this year's final, were thrilled to operate in such an arena. A collection of senior figures from the upper echelons of the justice system gave up their Saturday to preside over the cases, giving the students valuable insight.

Suitably inspired, many of these talented kids say they now want to become lawyers, particularly of the criminal barrister variety. The problem they face is that the publicly-funded branch of the legal profession is in crisis, with a succession of legal aid cuts leaving its junior members to survive on rates of pay that are sometimes even lower than the minimum wage. Students need to think about alternative careers in law.

One of the benefits of participating in competitions like the Bar Mock Trial, or studying citizenship as part of the national curriculum, is that students are encouraged to consider these sort of topical issues at an earlier stage than most, and are then able to use that knowledge to make more informed choices. "Most of the students are interested in going into law, with a significant number seriously considering it. Although some fancy the criminal Bar, they tend to have very general ideas of the law. They are now at a point when they can begin to consider different avenues," says Ryan McAuley, whose group won Saturday's competition.

Competitions like this give would-be lawyers a more realistic view of the profession. They will hopefully grasp that while there are some court scholarships available to help them get to the criminal bar, practising there will be hard. Some will decide it's worth it, others will explore different options that still contain the essence of what they enjoy about law.

This was the mental journey made by solicitoradvocate Helen Marriott – who spoke at Saturday's final . Marriott initially wanted to practice criminal law but this interest eventually gave way to a desire to lead a more secure life practising civil law within in a large law firm. She explains that it is a move she has never regretted:"You can be a solicitor-advocate and practise in almost the same way as a barrister."

Another alternative that has become increasingly important for school students to be aware of is the legal apprentice route. Bypassing university altogether, legal apprentices qualify as chartered legal executive lawyers, a lesser-known cousin of solicitors and barristers who are becoming more common in law firms as the government offers incentives to train up lawyers through this route. Recently top firms like Kennedys, DAC Beachcroft and Addleshaw Goddard have all upped their apprentice intake.

At a time of blurring boundaries between types of lawyers, Chartered Institute of Legal Executives (CILEx) regional development officer for Wales Lynne Squires – who also attended Saturday's final – urges students to take time to find out about the various routes.

"Regardless of costs or family background, there is a route available to qualify," she says."Be prepared to look around and investigate your options. At each point there are possibilities: you can qualify as a solicitor and a barrister after becoming a legal executive, although increasingly it's not necessary.

The thing I come across most among students is that they haven't explored every alternative. Know all of your options and have back up plans."

Whatever path the students from this year's Bar Mock Trial Competition choose, it's possible that the legal profession they arrive into will already have changed considerably from its current form, and continue to do so over the coming years. Just this month Lord Chief Justice John Thomas suggested that the legal aid cuts may prompt a major re-think in the way justice is delivered.

What repercussions this would have for entry into the law remains to be seen. What's certain, though, is at this time of profound change for the legal profession initiatives to help young people understand how the world works have never been more important.

(ALDRIGE, Alex. The Guardian, 27 March 2014. Disponível em: <www.theguardian.com/law/2014/mar/27/law-competition-opensschool-students-eyes-future-law>. Acesso em: 31 maio 2014)