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Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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Iniuria and the Common Law

Edited by: Eric Descheemaeker, Helen Scott

ISBN13: 9781849465038
Published: August 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



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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 perhaps 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.

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published June 2018
Hart Publishing
£80.00
Accessory Liability ISBN 9781509914104
To be published March 2017
Hart Publishing
£29.99
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
To be published February 2017
Hart Publishing
£80.00
Negligence and Illegality ISBN 9781509906666
To be published December 2016
Hart Publishing
£60.00
Private Law in the 21st Century ISBN 9781509908585
To be published December 2016
Hart Publishing
£110.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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A Theory of Tort Liability ISBN 9781509903184
Published June 2016
Hart Publishing
£55.00
Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£30.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£55.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£75.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£35.00
£54.16 + £10.83 VAT
(ePub)
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Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£58.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£29.16 + £5.83 VAT
(ePub)
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£75.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£29.16 + £5.83 VAT
(ePub)
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Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£38.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£63.00
Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
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£54.16 + £10.83 VAT
(ePub)
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£83.32 + £16.67 VAT
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£110.00
Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£70.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£58.33 + £11.66 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£75.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£62.49 + £12.50 VAT
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£49.99 + £10.00 VAT
(ePub)
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£63.00