Iniuria and the Common Law
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Iniuria and the Common Law Description
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.
Details
| OPC | PGMQ6GJ |
|---|---|
| Codes | 1849465037 (ISBN-10) |
| 9781849465038 (ISBN) |
Compare Sellers for Iniuria and the Common Law
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|---|---|---|---|---|---|---|---|
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