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Lenel and Daube: A Cross-Channel Friendship

Stefan Vogenauer

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0025
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter focuses on the influence of David Daube and Otto Lenel on Alan Rodger. Daube held the Regius Chair of Civil Law at Oxford from 1955 to 1970 and supervised Alan's doctorate from 1967 ... More


Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in the University Church of St Mary the Virgin, Oxford on 11 February 2012

Andrew Burrows

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0003
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter presents a tribute given at Lord Rodger's memorial service held in St Giles' Cathedral, Edinburgh on 25 November 2011. Andrew Burrows, Professor of the Law of England in the University ... More


Lord Rodger and the Criminal Law

Paul Cullen

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0032
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter focuses on Alan Rodger's contributions to the development of Scots criminal law. It begins by describing his early career at the Scots Bar. It then details his time in the Crown Office; ... More


Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in St Giles’ Cathedral, Edinburgh on 25 November 2011 1

David Edward

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0002
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter presents a tribute given at Lord Rodger's memorial service held in St Giles' Cathedral, Edinburgh on 25 November 2011. David Edward, former judge of the European Court of Justice and ... More


Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in St Giles’ Cathedral, Edinburgh on 25 November 2011

Colin MacKay

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0001
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter presents a tribute given at Lord Rodger's memorial service held in St Giles' Cathedral, Edinburgh on 25 November 2011. Journalist and broadcaster Colin MacKay recalls the start of his ... More


Thinking About Some Scots Law: Lord Rodger and Unjustified Enrichment

Robin Evans-Jones

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0034
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter assesses Alan Rodger's contribution to the Scots law of unjustified enrichment. It focuses on Dollar Land (Cumbernauld) v CIN Properties Ltd. The case was appealed twice to the House of ... More


The Form and Language of Lord Rodger’s Judgments

Lord Reed

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0013
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter reflects on the form and language of Alan Rodger's judgments. His judgments are well written pieces of English prose. Their language is vigorous and arresting. They are persuasive, ... More


Faith, Trust, and Charity

Joshua Getzler

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0042
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter focuses on the crowning work of Alan Rodger's series of studies in modern legal history. In his 2008 study of the Disruption of 1843, Rodger expertly charted the theological, legal, and ... More


Lenel’s Palingenesia: Two Footnotes to Rodger

David Johnston

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0018
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

Alan Rodger has a special fascination for Lenel's work and, more generally, the compilation of the Digest and identification of the original context of the now fragmentary texts of the Roman jurists. ... More


Lord Rodger: An Italian Tribute

Luigi Labruna

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0004
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter presents a tribute given at Lord Rodger's memorial service held in St Giles' Cathedral, Edinburgh on 25 November 2011. Luigi Labruna, Emeritus Professor of Roman Law, University of ... More


Lord Rodger and Statute Law

Lord Walker of Gestingthorpe

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0014
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter reflects on Alan Rodger's interest and expertise in statute law. It presents examples that illustrate the range of his interest in statute law, from the purest scholarship to a lively ... More


‘Grappling with the Difficult Subjects with which the Roman Lawyers Liked to Grapple’

Rolf Knütel

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0019
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter focuses on Alan Rodger's work on Roman law. It examines Paul Digest fragment D. 30.126 pr, including its legal background, and the first and second case discussed in the fragment. It ... More


The Courts, the Church, and the Constitution Revisited

Aidan O’Neill

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0046
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter seeks to honour Alan Rodger's memory by taking his own personal theological heritage seriously and looking at how this might help us to understand the business of judging. It argues that ... More


Dissenting Judgments

Lord Brown of Eaton-under-Heywood

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0005
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter reflects on the question of dissenting judgments. In what circumstances are they called for, in what circumstances not? What sort of considerations should animate those contemplating a ... More


Agree to Disagree: Local Jurisdiction in the lex Irnitana

Ernest Metzger

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0020
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

In 1990, Alan Rodger published an article on the lex Irnitana, a first-century municipal charter from Spain. The article addressed a difficult topic: chapter 84 on jurisdiction. This chapter analyzes ... More


An Inheritance Lost and a Fraudulent Slave

Boudewijn Sirks

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0024
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter analyzes the texts from Book 18 of Ulpian's commentary on the edict. It discusses the lost inheritance (Digest 9.2.23.1–2); the position of a slave, freed and instituted heir by ... More


Some Reflections on Lord Rodger’s Contribution to the Development of the Common Law

Lord Dyson

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0006
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter reflects on Lord Rodger's judgments, which show that his approach to the common law was not that of a revolutionary. His great strength was his intellectual honesty, tenacious respect ... More


The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court

Tetyana Nesterchuk

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0011
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

Lord Rodger promoted the institution of the judicial assistants in the Supreme Court and encouraged new lawyers to apply for the job after completing their professional legal training. Lord Rodger ... More


‘Strasbourg Has Spoken’

Worth Matravers

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0012
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter explores the attitudes of the Law Lords/Justices of the Supreme Court, and in particular that of Lord Rodger, to the jurisprudence of the Strasbourg Court. It discusses the Human Rights ... More


Communis error facit ius

William M Gordon

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0035
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter examines the well-known, even notorious case of Royal Bank of Scotland v Wilson, where Lord Rodger gave the leading opinion. The decision caused consternation among the holders of ... More


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