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Iniuria and the Common Law: Hart Studies in Private Law

Editat de Dr Eric Descheemaeker, Helen Scott
en Limba Engleză Hardback – 21 aug 2013
The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality.It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
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Specificații

ISBN-13: 9781849465038
ISBN-10: 1849465037
Pagini: 276
Dimensiuni: 156 x 234 x 20 mm
Greutate: 0.54 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

The aim of this book of essays is to consider in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa.The contributors are all experts in the field and address a series of doctrinal puzzles within the law of assault, defamation and breach of privacy.A unique study that will be of interest to Tort Lawyers, Roman Lawyers and Legal Historians.

Notă biografică

Eric Descheemaeker is a Lecturer in European Private Law at the University of Edinburgh.Helen Scott is an Associate Professor in the Department of Private Law at the University of Cape Town.

Cuprins

1. Iniuria and the Common Law Eric Descheemaeker and Helen Scott2. Iniuria, Roman and English David Ibbetson3. The actio iniuriarum in Scots Law: Romantic Romanism or Tool for Today? Kenneth McKenzie Norrie4. Solatium and Injury to Feelings: Roman Law, English Law and Modern Tort Theory Eric Descheemaeker5. Dissimulatio Paul Mitchell6. Contumelia and the South African Law of Defamation Helen Scott7. An Infringement of the corpus as a Form of iniuria: Roman and Medieval Reflections Paul J du Plessis8. The Protection of corpus in Modern and Early Modern Scots Law John Blackie9. The Gist of Defamation in South African Law Anton Fagan10. Retraction, Apology and Reply as Responses to iniuriae Jonathan Burchell11. Harassment: A Wrong without a Right? François du Bois

Recenzii

[An] admirable volume which contains eleven excellent essays...a most rewarding source of information [and] a considerable pleasure to read.
The book bristles with stimulating analysis that shows the sometimes surprising interaction of Roman, South African, Scots and English law.
[T]his is a well-presented book which reports an interesting seminar that has achieved its goal...

Descriere

Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, the book considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa.