Iniuria and the Common Law
Eric Descheemaeker · Helen Scott
2014年7月 · A&C Black
电子书
276
页
report评分和评价未经验证 了解详情
关于此电子书
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.
作者简介
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.
为此电子书评分
欢迎向我们提供反馈意见。
如何阅读
智能手机和平板电脑
笔记本电脑和台式机
您可以使用计算机的网络浏览器聆听您在 Google Play 购买的有声读物。
电子阅读器和其他设备
如果要在 Kobo 电子阅读器等电子墨水屏设备上阅读，您需要下载一个文件，并将其传输到相应设备上。若要将文件传输到受支持的电子阅读器上，请按帮助中心内的详细说明操作。
