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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
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Iniuria and the Common Law (Hardcover, New)
Loot Price: R3,559
Discovery Miles 35 590
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Iniuria and the Common Law (Hardcover, New)
Series: Hart Studies in Private Law
Expected to ship within 10 - 15 working days
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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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