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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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The Division of Wrongs - A Historical Comparative Study (Hardcover)
Loot Price: R4,344
Discovery Miles 43 440
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The Division of Wrongs - A Historical Comparative Study (Hardcover)
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The common law, despite procedural divisions, has only ever had one
class of civil wrongs. The civilians, by contrast, have typically
split their law of wrongs in two, one group being called "delicts"
and the other "quasi-delicts." Yet this division, which originated
in Roman law, remains mysterious: it is clear neither where the
line was drawn nor why a separation was made along this line.
This book does two things. In the first two parts, it investigates
the origins of the division and its development in a modern
civilian jurisdiction, France. What is argued for is that the Roman
dichotomy was originally one between fault (culpa)-based and
situational liability, which was prompted by a historical
contraction of the Roman concept of a wrong (delictum). French law,
building on medieval interpretations of the division, redrew the
line one level higher, between deliberate and negligent wrongdoing.
By doing so, it involved itself in severe taxonomical difficulties,
which the book explores.
The third part of the work concerns itself with the significance of
the civilian division of wrongs according to degrees of
blameworthiness (dolus, culpa, casus) for the common law. A
provocative thesis is developed, in effect, that there is a strong
case for the adoption of a similar trichotomy as the first-level
division of the English law of civil wrongs. From its formulary
age, English law has inherited an unstable taxonomy where wrongs
intersect. The existence of these mismatched categories continues
to cause significant difficulties, which a realignment of causes of
action along the above lines would rectify.
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