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Iniuria And The Common Law
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Book Synopsis Iniuria and the Common Law by : Eric Descheemaeker
Download or read book Iniuria and the Common Law written by Eric Descheemaeker and published by A&C Black. This book was released on 2014-07-18 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Tortious Liability for Unintentional Harm in the Common Law and the Civil Law: Volume 1, Text by : F. H. Lawson
Download or read book Tortious Liability for Unintentional Harm in the Common Law and the Civil Law: Volume 1, Text written by F. H. Lawson and published by Cambridge University Press. This book was released on 1982-09-16 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Roman Law and Common Law by : William Warwick Buckland
Download or read book Roman Law and Common Law written by William Warwick Buckland and published by CUP Archive. This book was released on 1965 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Borkowski's Textbook on Roman Law by : Paul J. du Plessis
Download or read book Borkowski's Textbook on Roman Law written by Paul J. du Plessis and published by Oxford University Press, USA. This book was released on 2020 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure. It is the ideal course companion for undergraduate Roman law courses, combining clear, comprehensible language and a wide range of supportive learning features with the most important sources of Roman law.
Book Synopsis "Messages from Antiquity" by : Ulrike Babusiaux
Download or read book "Messages from Antiquity" written by Ulrike Babusiaux and published by Böhlau Köln. This book was released on 2019-06-17 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman law has shaped the Civil law tradition but its influence undoubtedly also extends to Common law countries. Legal institutions as well as legal reasoning reassembled in the Corpus iuris civilis have been studied for nearly one thousand years in Western Europe and have been a constant point of reference. Japanese law adopted this tradition since the Meiji-era. Roman law does not only offer a historical insight into the foundations of modern legal thinking, but can also be a useful tool for deeper understanding and analysis of current legal problems. The international seminar held at the University of Kyushu in February 2016 intended to show the validity of Roman law for contemporary legal practitioners facing current challenges by looking at selected issues. Das römische Recht hat die Tradition des Civil law geprägt, aber ohne Zweifel auch das Common law beeinflusst. Die Rechtsinstitute und die rechtliche Argumentation, welche im Corpus iuris civilis gesammelt sind, stehen in Westeuropa seit über tausend Jahren im Zentrum juristischer Studien und bilden auch im Japanischen Recht seit der Meiji-Ära einen wichtigen Bezugspunkt. Allerdings erlaubt das römische Recht nicht nur einen Zugang zu den historischen Grundlagen des modernen Rechtsdenkens; vielmehr kann es auch als Instrument zum tieferen Verständnis und zur Analyse aktueller Rechtsprobleme dienen. Die internationale Tagung an der Universität Kyushu im Februar 2016 verfolgte den Zweck, anhand ausgewählter Rechtsfragen den zeitlosen Wert des römischen Rechts auch für die Herausforderungen der heutigen Jurisprudenz aufzuzeigen.
Book Synopsis On the Laws and Customs of England by : Morris Arnold
Download or read book On the Laws and Customs of England written by Morris Arnold and published by UNC Press Books. This book was released on 2017-12-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Courts, Jurisdictions, and Law in John Milton and His Contemporaries by : Alison A. Chapman
Download or read book Courts, Jurisdictions, and Law in John Milton and His Contemporaries written by Alison A. Chapman and published by University of Chicago Press. This book was released on 2020-10-10 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
Book Synopsis The Law of Torts by : Frederick Pollock
Download or read book The Law of Torts written by Frederick Pollock and published by . This book was released on 1892 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparing Tort and Crime by : Matthew Dyson
Download or read book Comparing Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2015-07-02 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Book Synopsis The Roman Law of Damage to Property by : Bernhard Erwin Grueber
Download or read book The Roman Law of Damage to Property written by Bernhard Erwin Grueber and published by . This book was released on 1886 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis 16th International Conference on Cyber Warfare and Security by : Dr Juan Lopez Jr
Download or read book 16th International Conference on Cyber Warfare and Security written by Dr Juan Lopez Jr and published by Academic Conferences Limited. This book was released on 2021-02-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Laws of Torts by : Frederick Pollock Sir
Download or read book The Laws of Torts written by Frederick Pollock Sir and published by . This book was released on 1912 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introduction to the Law of South Africa by : C. G. Van der Merwe
Download or read book Introduction to the Law of South Africa written by C. G. Van der Merwe and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Book Synopsis The Historical Foundations of Grotius’ Analysis of Delict by : Joe Sampson
Download or read book The Historical Foundations of Grotius’ Analysis of Delict written by Joe Sampson and published by Martinus Nijhoff Publishers. This book was released on 2017-11-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Pleading at Common Law and Under the Codes by : George Wharton Pepper
Download or read book Pleading at Common Law and Under the Codes written by George Wharton Pepper and published by . This book was released on 1891 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jewish Law Annual Volume 20 by : Berachyahu Lifshitz
Download or read book Jewish Law Annual Volume 20 written by Berachyahu Lifshitz and published by Routledge. This book was released on 2013-10-01 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three ‘methodological’ articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner’s article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction. Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-à-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber’s article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a ‘right to privacy,’ as recent scholars have claimed? The volume concludes with a review of Yuval Sinai’s Application of Jewish Law in the Israeli Courts (Hebrew).
Book Synopsis The Law of Obligations by : Reinhard Zimmermann
Download or read book The Law of Obligations written by Reinhard Zimmermann and published by Clarendon Press. This book was released on 1996 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
