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Civilian law, in contrast to common law, structures its law of wrongs according to degree of blameworthiness. This text explores the history of this structure from Roman law to modern French law, and argues that adopting such a division would clarify confusions in the common law of torts.

Torts --- Torts (Roman law) --- Civil law systems. --- Civil law --- Common law --- Roman law. --- Law, General & Comparative --- Law, Politics & Government --- Philosophy. --- History. --- Roman influences. --- Philosophy --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- Civil law (Roman law) --- Law --- Law, Roman --- Roman law --- Actio rei persequendae causa --- Lex Aquilia --- Roman influence --- Influence

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Torts --- Torts (Roman law) --- Philosophy --- Torts (Roman law). --- Philosophy. --- Torts - Philosophy --- Torts - England --- France --- Royaume-Uni

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This volume contains Birks' notes on a series of lectures on the Roman law of obligations delivered in 1982. They give a comprehensive insight into his views on the topic, which are relevant in both a Roman context and also from a modern English perspective. The book examines, in turn, the law of contracts with its general principles and rule applications to the transactions mentioned in the Institutes; the law of delicts; and finally the miscellany of residual obligations from which the later categories of quasi-contracts and quasi-delicts, but also the modern law of unjust enrichment, emerged.

Obligations (Roman law) --- Law - Non-U.S. --- Law, Politics & Government --- Law - Europe, except U.K. --- Roman law

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Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, this book considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa... 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

Iniuria (Roman law) --- Comparative law --- Offenses against the person --- Torts