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Author: Eric Descheemaeker
Publisher: A&C Black
ISBN: 1782253386
Category : Law
Languages : en
Pages : 413
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Book 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 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.
Author: Eric Descheemaeker
Publisher: A&C Black
ISBN: 1782253386
Category : Law
Languages : en
Pages : 413
Get Book Here
Book 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 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.
Author: Bernhard Erwin Grueber
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 332
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Book Description
Author: Frederick Pollock
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 842
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Book Description
Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1107080487
Category : Law
Languages : en
Pages : 557
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Book Description
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Author: Morris Arnold
Publisher: UNC Press Books
ISBN: 1469610035
Category : Literary Collections
Languages : en
Pages : 434
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Book Description
Investigating a wide range of problems in the development of English law, this collection of original essays honors the contributions of Samuel D. Thorne to the study of English legal history from the eleventh to the seventeenth century. The essays combine close study of legal texts and doctrines in their own setting with broader analysis of the interaction of legal and social change. Although each essay has its own historiographical context, a substantial unity is achieved. Originally published in 1981. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Frederick Pollock
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 784
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Book Description
Author: Dr Juan Lopez Jr
Publisher: Academic Conferences Limited
ISBN: 1912764881
Category : History
Languages : en
Pages : 564
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Book Description
These proceedings represent the work of contributors to the 16th International Conference on Cyber Warfare and Security (ICCWS 2021), hosted by joint collaboration of Tennessee Tech Cybersecurity Education, Research and Outreach Center (CEROC), Computer Science department and the Oak Ridge National Laboratory, Tennessee on 25-26 February 2021. The Conference Co-Chairs are Dr. Juan Lopez Jr, Oak Ridge National Laboratory, Tennessee, and Dr. Ambareen Siraj, Tennessee Tech’s Cybersecurity Education, Research and Outreach Center (CEROC), and the Program Chair is Dr. Kalyan Perumalla, from Oak Ridge National Laboratory, Tennessee.
Author: Huw Beverley-Smith
Publisher: Cambridge University Press
ISBN: 1139433717
Category : Law
Languages : en
Pages : 403
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Book Description
Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.
Author: Johan Olsthoorn
Publisher: Oxford University Press
ISBN: 0192638238
Category : Law
Languages : en
Pages : 313
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Book Description
Thomas Hobbes (1588-1679) is widely regarded as one of the most important political thinkers in the Western tradition. Justice is one of the main political concepts today. This is the first book-length analysis of Hobbes's ideas on justice. Hobbes made many startling claims about justice. Norms of justice have no place outside the commonwealth, the civil law determines what is just and unjust, and nothing sovereigns do is unjust to their citizens. But what exactly did Hobbes mean by justice? And how did he convince his audience that he was speaking about justice when advancing such controversial views, and not about something else? In Hobbes on Justice, Olsthoorn traces the place of justice in Hobbes's moral, legal, political, and international thought as developed over time. The book reconstructs his idiosyncratic glosses on notions like justice, rights, injury, obligation, and law; proposes new solutions to some long-standing interpretive puzzles; and provides in-depth discussions of property, slavery, treason, just war and other neglected aspects of Hobbes's thought. Olsthoorn shows that Hobbes's theory of justice doubled as a civil theodicy: it aimed to morally empower sovereign rulers by vindicating them from all stains of injustice, no matter how horrid their rule. Combining analytic philosophy, intellectual history, and political theory, this major new study of Thomas Hobbes will be of wide and cross-disciplinary interest to scholars of philosophy, law, politics, and history.
Author: Joe Sampson
Publisher: Martinus Nijhoff Publishers
ISBN: 9004344373
Category : Law
Languages : en
Pages : 270
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Book Description
The Historical Foundations of Grotius’ Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.
