The two most recent monographs of the Studien zur europäischen Rechtsgeschichte have been published

April 08, 2019

The Roman Law of Error brings to light a major contribution to Romanistic studies written by Philipp Lotmar (1850-1922), Professor of Civil Law at the University of Bern. Known primarily as a jurist of modern labor law, Lotmar continuously researched on the Roman doctrine of errors, particularly in contract law. The resulting manuscript was conceived as a criticism of Savigny's influential position but remained unpublished. Thanks to the editorial efforts of Iole Fargnoli, this opus magnum is now made available to the scientific community.

In The Development of Medical Liability in Germany, 1800–1945, C.P. McGrath examines legal conceptions and consequences of medical errors in German criminal and contract law. He explains how the fault requirement was understood and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related to changes in medicine, it uncovers a rich interaction between the legal and medical narratives concerning fault in that intense period.

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