New PDF release: Iniuria and the Common Law (Hart Studies in Private Law)

By Eric Descheemaeker,Helen Scott

The delict of iniuria is without doubt one of the so much subtle items of the Roman criminal culture. the unique concentration of the delict was once attack, even though iniuria-literally a mistaken or illegal act-indicated a truly huge power scope. but it fast grew to incorporate sexual harassment and defamation, and by means of the 1st century CE it were re-oriented round the inspiration of contumelia in an effort to contain a number of new wrongs, together with insult and invasion of privateness. truthfully, it now comprised all assaults on personality.

It is the Roman delict of iniuria which kinds the root of either the South African and-more controversially-Scots legislation of accidents to character. nonetheless, iniuria is an idea officially alien to English legislation. yet as its name indicates, this booklet of essays is consultant of a species of felony scholarship top defined as 'oxymoronic comparative law', applying an idea unusual to at least one felony culture which will interrogate one other the place, it seems that, it doesn't belong. Addressing a chain of doctrinal puzzles in the legislations of attack, defamation and breach of privateness, it considers in what respects the Roman delict of iniuria overlaps with its smooth opposite numbers in England, Scotland and South Africa; the variations and similarities among the analytical frameworks hired within the old and smooth legislations; and the measure to which the Roman proto-delict issues the best way to destiny advancements in every one of those 3 felony systems.

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Iniuria and the Common Law (Hart Studies in Private Law) by Eric Descheemaeker,Helen Scott

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