Produktdetaljer
Om bidragsyterne
Eric Descheemaeker is a Lecturer in European Private Law at the University of Edinburgh.
Helen Scott is an Associate Professor in the Department of Private Law at the University of Cape Town.
[An] admirable volume which contains eleven excellent essays...a most rewarding source of information [and] a considerable pleasure to read.
- Geoffrey MacCormack, The Edinburgh Law Review
The book bristles with stimulating analysis that shows the sometimes surprising interaction of Roman, South African, Scots and English law.
- Ken Oliphant, Yearbook of European Tort Law
[T]his is a well-presented book which reports an interesting seminar that has achieved its goal...
- Tammo Wallinga, Roman Legal Tradition, Volume 10
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.
1. Iniuria and the Common Law
Eric Descheemaeker and Helen Scott
2. Iniuria, Roman and English
David Ibbetson
3. The actio iniuriarum in Scots Law: Romantic Romanism or Tool for Today?
Kenneth McKenzie Norrie
4. Solatium and Injury to Feelings: Roman Law, English Law and Modern Tort Theory
Eric Descheemaeker
5. Dissimulatio
Paul Mitchell
6. Contumelia and the South African Law of Defamation
Helen Scott
7. An Infringement of the corpus as a Form of iniuria: Roman and Medieval Reflections
Paul J du Plessis
8. The Protection of corpus in Modern and Early Modern Scots Law
John Blackie
9. The Gist of Defamation in South African Law
Anton Fagan
10. Retraction, Apology and Reply as Responses to iniuriae
Jonathan Burchell
11. Harassment: A Wrong without a Right?
François du Bois
The aim of this book of essays is to consider in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa.
The contributors are all experts in the field and address a series of doctrinal puzzles within the law of assault, defamation and breach of privacy.
A unique study that will be of interest to Tort Lawyers, Roman Lawyers and Legal Historians.
Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
Produktdetaljer
Om bidragsyterne
Eric Descheemaeker is a Lecturer in European Private Law at the University of Edinburgh.
Helen Scott is an Associate Professor in the Department of Private Law at the University of Cape Town.