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Iniuria and the Common Law (Hart Studies in Private Law)

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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 South African and - more controversially - Scottish laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But, as this book's title suggests, the collection of essays are representative of a species of legal scholarship perhaps 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, the book considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland, and South Africa. It also explores the differences and similarities between the analytical frameworks employed in the ancient and modern law, as well as the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems. It is a unique study that will be of interest to tort lawyers and legal historians. (Series: Hart Studies in Private Law - Vol. 9)We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Iniuria and the Common Law (Hart Studies in Private Law). To get started finding Iniuria and the Common Law (Hart Studies in Private Law), you are right to find our website which has a comprehensive collection of manuals listed.
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ISBN: 1849465037

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 South African and - more controversially - Scottish laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But, as this book's title suggests, the collection of essays are representative of a species of legal scholarship perhaps 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, the book considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland, and South Africa. It also explores the differences and similarities between the analytical frameworks employed in the ancient and modern law, as well as the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems. It is a unique study that will be of interest to tort lawyers and legal historians. (Series: Hart Studies in Private Law - Vol. 9)We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Iniuria and the Common Law (Hart Studies in Private Law). To get started finding Iniuria and the Common Law (Hart Studies in Private Law), you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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Iniuria and the Common Law (Hart Studies in Private Law)

Iniuria and the Common Law (Hart Studies in Private Law)

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