@article{1676a1ebbb074292988b0ab1b0eb2a17,
title = "Lessons from Roman law: EU law in England and Wales after Brexit",
abstract = "The experience of Roman law in legal education in England and Wales may serve as a cautionary tale for EU law post-Brexit. Similarly, past debates as to the position of Roman law in the curriculum may also be instructive in the EU law context. After tracing the history of the teaching of Roman law in England and Wales, this article posits first that the factors that appear to have caused the decline of Roman law could apply equally in the context of EU law. Secondly, based on both pragmatic and liberal education arguments that have historically been proffered for the study of Roman law, it advances arguments for the retention of a compulsory stand-alone EU law module in England and Wales after Brexit. To this end, the paper contends that the arguments for the retention of EU law in legal education are more robust than those asserted traditionally in favour of Roman law.",
keywords = "Brexit, European Union law, Roman law",
author = "John Cotter and Elaine Dewhurst",
note = "Funding Information: 87Piet Eeckhout, “The Growing Influence of European Union Law” (2011) 33 Fordham International Law Journal 1490, 1519. 88Claire McGlynn, “The Europeanisation of Family Law” (2001) 13 Child and Family Law Quarterly 35. 89Barbara Bogusz, “Modernising English Property Law: The Influence of Internal Market Principles” (2006) 17 European Business Law Review 1395. 90Edward (n 3) 145. 91Yvonne Cripps, “Some Effects of European Law on English Administrative Law” (1994) 2 Indiana Journal of Global Legal Studies 213, 217–22. 92Pham v Secretary of State for the Home Department [2015] UKSC 19, [2015] 1 WLR 1591 [105] (Lord Sumption) (Lord Neuberger, Lady Hale and Lord Wilson agreeing). 93Cripps (n 91) 222–30. 94Cristina Ferreira, “The Europeanization of Law” in Jorge Oliviera and Paulo Cardinal (eds), One Country, Two Systems, Three Legal Orders – Perspectives of Evolution: Essays on Macau{\textquoteright}s Autonomy after the Resumption of Sovereignty by China (Springer-Verlag 2009) 171–91. 95Cripps (n 91) 231. 96TaylorWessing, “Brexit – The Potential Impact on the UK{\textquoteright}s Legal System” (June 2016) <www.taylorwessing. com/download/article-brexit-uk-legal-system.html> accessed 6 January 2019. 97European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU, Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at negotiators{\textquoteright} level on 14 November 2018, TF50 (2018) 55. Publisher Copyright: {\textcopyright} 2019 The Author(s).",
year = "2019",
month = mar,
day = "29",
doi = "10.1080/03069400.2019.1585074",
language = "English",
volume = "53",
pages = "173--188",
journal = "Law Teacher",
issn = "0306-9400",
publisher = "Sweet and Maxwell Ltd.",
number = "2",
}