C'hapter 7 The European Union and the Prehistory of Roman Law Law casts long shadows.’ 'The prehistort’ of law casts long shadows. I'or me, law begins when there is a recognized process for resoK ing disputes, rhus the pri\ ate law of the European Union is still in its prehistoric stage. But what is decided in the near future, for instance will there he a ci\’il code or ins commune, will determine the sliape of much of law for centuries to come. In this penultimate chapter I wish to look at the prehistory of Roman law and the impact it had for main’ following centuries. Lessons from the distant past are there for the ftiture. Naturally, in the nature of things, prehistort’ of law in the ancient world lea\e.s few traces: 'There can be little certaint\’ or exen anything like certainty. 1 This chapter is for Grant McLeod, former student, former colleague, long-time friend. Though I had long thought about the issues in this paper, the immediate impulse came from a question by Grant in a favorite Edinburgh restaurant, Ciao Roma. 153
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