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  3. Retssystemer: romerretten

Iniuria and the Common Law

Engelsk Hardback

Iniuria and the Common Law

Engelsk Hardback
Tjek vores konkurrenters priser

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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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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Se mere i:
Produktdetaljer
Sprog: Engelsk
Sider: 276
ISBN-13: 9781849465038
Indbinding: Hardback
Udgave:
ISBN-10: 1849465037
Kategori: Retssystemer: romerretten
Udg. Dato: 22 aug 2013
Længde: 20mm
Bredde: 162mm
Højde: 240mm
Forlag: Bloomsbury Publishing PLC
Oplagsdato: 22 aug 2013
Forfatter(e):
Forfatter(e)

Kategori Retssystemer: romerretten

ISBN-13 9781849465038

Sprog Engelsk

Indbinding Hardback

Sider 276

Udgave

Længde 20mm

Bredde 162mm

Højde 240mm

Udg. Dato 22 aug 2013

Oplagsdato 22 aug 2013

Forlag Bloomsbury Publishing PLC

Kategori sammenhænge