V Conclusion
But Roman law had done its work. The incorporation into the Black- stonian model of the Roman - indeed Gaian - institutional categories, however imperfect, supported by the willingness of judges to accommodate Roman solutions, was a permanent contribution to the reworking of our understanding of the structure of the Common law.
The influence of Roman law must not be exaggerated, however, either in extent or importance. The Greek for ‘Unification’ is ‘Homogenisation’. Whilst Unification seems to offer practical advantages, Homogenisation threatens to limit rather than increase understanding. Peter Birks has drawn attention to the unfortunate consequences of too ready an acceptance of Roman learning in the eighteenth-century case Moses v. Macferlan,w and he has also noted the willingness of English theorists like John Austin to criticise the Roman scheme of classification where it seemed not to suit local conditions.[437] The caution of earlier generations of Common lawyers towards Roman law was therefore justified inasmuch as it indicated an unwillingness to adopt unsuitable solutions or schemes of understanding. Despite this attitude the influence of Roman law upon the Common law was significant, most notably in providing a framework for understanding the substantive law as it emerged after 1600.
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