Mosaicarum Et Romanarum Legum Collatio; With Introduction, Facsimile and Transcription of the Berlin Codex, Translation, Notes Ad Appendices. by REV. H. Hyamsom - Books Group

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ... restore him to sound health, an Aquilian action for damages cannot, in my opinion, be brought. Paulus, in his Single Book, and under the Title "Of Injuries" The term Iniuria denotes generally anything done unlawfully. Specifically it may either mean insult, called by the Greeks vsspiQ; fault, which the Greeks call acUrifiat and which is the sense in which the phrase damnum iniuriae in the Lex Aquilia is taken; or iniquity and injustice, which the Greeks term ueixia; for when the Praetor decides against us, not according to the law, we say that we have suffered an injury. Hence it is clear that Labeo is incorrect in his view that the term iniuria, when used by the Praetor, is exclusively restricted to insult. A common element of all injuries is that they always offend against morality, and that it is to someone's interest that they should not occur. This Edict applies to that particular class of injury which is in the nature of insult. We are injured either in body when we are beaten, or by words when we suffer abuse, or when honour is wounded, as when a lady's companions or those of a girl are abducted. An action for outrage is statutory or praetorian. A statutory Page 66, line 13. Alia culpa. Poste, in his edition of Gaius, p. 15, has a different classification. "Negligent violation of the Law (culpa, juapnjiia) is distinguished on the one side from misadventure (casus, ), and, on the other, from intentional violation of the Law (dolus, aeIKttx.a), which again is distinguished from deliberate violation of the Law (aStKt'a)," Line 22. Verbis. Huschke has auribus. This emendation makes the passage more symmetrical: an outrage to the b..."