Iniuria and the Common Law
Eric Descheemaeker · Helen Scott
jul. 2014 · A&C Black
E-knjiga
276
Strani
reportOcene in mnenja niso preverjeni. Več o tem
O tej e-knjigi
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.
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.
O avtorju
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.
Helen Scott is an Associate Professor in the Department of Private Law at the University of Cape Town.
Ocenite to e-knjigo
Povejte nam svoje mnenje.
Informacije o branju
Pametni telefoni in tablični računalniki
Namestite aplikacijo Knjige Google Play za Android in iPad/iPhone. Samodejno se sinhronizira z računom in kjer koli omogoča branje s povezavo ali brez nje.
Prenosni in namizni računalniki
Poslušate lahko zvočne knjige, ki ste jih kupili v Googlu Play v brskalniku računalnika.
Bralniki e-knjig in druge naprave
Če želite brati v napravah, ki imajo zaslone z e-črnilom, kot so e-bralniki Kobo, morate prenesti datoteko in jo kopirati v napravo. Podrobna navodila za prenos datotek v podprte bralnike e-knjig najdete v centru za pomoč.
