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...
The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law ...
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 delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although in...
