Correlation between classical Roman law and English common law:comparative historical analysis

Irina N. Sharkova (), Volodymyr A. Mandragelia () and Oleksandr O. Gaydulin ()
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Irina N. Sharkova: Kyiv National Economic University named after Vadym Hetman Kyiv, Ukraine.
Volodymyr A. Mandragelia: Bila Tserkva Institute of Continuous Professional Education of State Institution of Higher Education, University of Educational Management, National Academy of Educational Sciences of Ukraine, Kyiv, Ukraine.
Oleksandr O. Gaydulin: Academician F. H. Burchak Scientific Research Institute of Private Law and Entrepreneurship of National Academy of Law Sciences of Ukraine, Kyiv, Ukraine.

Juridical Tribune - Review of Comparative and International Law, 2023, vol. 13, issue 4, 565-574

Abstract: The term ‘correlation’ can be interpretated in a wider meaning than the presence of a frequency of connection between two collignial indicators. This semantic content as "a relation existing between phenomena" is present in the discourse of liberal arts, in contrast to parametric statistics. The purpose of the study is to verify the existence of a correlation between basic conceptual ideas in Ancient Roman law and English common law and to evaluate the scope and manifestations of this issue. The research problem is complicated by the fact that the overwhelming majority of modern historians traditionally contrast the legal systems of continental European countries with Anglo-American law. And there very few famous scientists who consistently reaffirm the opposite position and consider that the common legal tradition in Europe exists. The article shows three groups of key evidence of Ancient Roman Law influences on the English Common Law. The historical arguments explain the fantastic ability of English law to export to other countries. In world history, this property was only one legal culture, namely Old Roman. These abilities to transfer and reception are defined as the most significant parallels between the legal traditions that are investigated.

Keywords: Ancient Roman law; English common law; legal history; comparative law; reception of law. (search for similar items in EconPapers)
JEL-codes: K15 K33 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:13:y:2023:i:4:p:565-574

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