RP Meagher Lecture in Law, Arts and Letters: The Hon. Justice Arthur Emmett
1 August 2013
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The Sydney Law School andEight Selborne Chambers presents the second R P Meagher Lecture in Law, Arts and Letters whereThe Honourable Justice Arthur Emmett with discuss Roman Law and Equity.
The late Roddy Meagher AO QC, Justice of the New South Wales Court of Appeal, renowned scholar and collector of art and antiquities, and longstanding member of Eighth Floor Selborne Chambers, was Challis Lecturer in both Roman Law and Equity at the University of Sydney.While Roman Law is no longer a compulsory subject in the curriculum of any Australian law school, an understanding of Roman Law informs much of the common law, and particularly the law of Equity.
There is an interesting parallel, although not necessarily a close analogy, between the contribution to law making by the Roman Praetor and the development of equitable doctrines by the Chancellor and Court of Chancery. Just as the Chancery Court was the source of equitable doctrines that have been inherited in New South Wales and elsewhere in Australia, so the Praetor was a chief source of equity at Rome.
Roddy Meagher was a great advocate of the study of Roman law as a means whereby one can learn a great deal by the comparison of our own institutions with those that developed independently in Rome. A comparison of equitable remedies developed by the Praetor and notions of equity recognised by Roman jurists with similar remedies and notions that developed in the common law demonstrates that the ways of legal thinking are very much alike, however different may be the legal systems concerned. Papinian, the greatest of the classical Roman jurists and a modern leader of the Equity bar are of a similar breed. Such a comparison serves to assist in an understanding of both the deficiencies and the genius of the common law.
The lecture will be followed bya cocktail receptionserved in the Judges' Dining Room on Level 13, Supreme Court of New South Wales.
Places will be limited so early registration is advised.
About the speaker:
Justice Arthur Emmett was a judge of the Federal Court of Australia with from 3 February 1997 until 6 March 2013. During that time he was a member of the Competition, Corporations, Patents, Admiralty and Taxation Panels of the Federal Court. He was a presidential member of the Copyright Tribunal of Australia from April 2001, and President from October 2007 until March 2013. He has also served as a part time Commissioner of the Australian Law Reform Commission and as convenor of the Rules Harmonisation Committee of the Council of Chief Justices. He was appointed as a judge of the Court of Appeal of New South Wales with effect from 7 March 2013. For several years Justice Emmett taught Real Property for the Law Extension Committee of the University of Sydney and was also examiner in that subject. He has been teaching Roman Law at the University of Sydney since 1978 and is presently Challis Lecturer in Roman Law. He also teaches Roman law at the University of New South Wales.
Lawyers/barristers: attendance at this seminar is equal to 1 MCLE/CPD unit.
Time: 6-7pm (registration from 5.45pm followed by a cocktail reception)
Location: Banco Court, NSW Supreme Court 184 Phillip St Sydney
Cost: Free, registration essential
Contact: PLaCE Coordinator
Phone: (02) 9351 0323