Civilian Arguments in the House of Lordsâ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century

Åukasz Jan Korporowicz

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Chapter 9 Civilian Arguments in the House of Lordsâ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

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Åukasz Jan Korporowicz

Åukasz Jan Korporowicz
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Type:: Chapter

Pages:: 212â236

DOI:: https://doi.org/10.1163/9789004417274_010

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Abstract

The analysis presented in this chapter is concerned with the types of influence of Roman legal solutions regarding delictual liability on the judgements delivered by the Law Lords of the Appellate Committee of the House of Lords in the 20th and early 21st centuries. The chapter is divided into two parts. The first is devoted to references made by the Lords to the Roman concept of iniuria â the delict of insult. The second part is concerned with similar usage of concepts linked with the damnum iniuria datumâthe delict of wrongful property damage. The analysis of legal cases sheds new light on the process of the gradual acceptance of certain Roman delictual concepts in the sphere of English torts and Scottish delicts. It is hard to judge whether English tort law is Romanized, but it cannot be denied that civilian ideas, though not necessarily used properly by the Law Lords, to some extent improved the argumentation of British judges. It is also interesting how often these references made deliberately.

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Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

Studies in Comparative Legal History

Series:Â Legal History Library, Volume: 35

Cover Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

E-Book ISBN:: 9789004417274

Publisher:: Brill | Nijhoff

Print Publication Date:: 09 Dec 2019

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- History
- International Law
  - Comparative Law

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Chapter 9 Civilian Arguments in the House of Lordsâ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century

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Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

Studies in Comparative Legal History

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Chapter 9 Civilian Arguments in the House of Lordsâ Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century