Ruth Mackenzie
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0005
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as ...
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This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as personal injury or damage to property. There is also, however, a risk of environmental damage per se, which legal systems may find more problematic. In particular, the notion of damage to ‘biological diversity’ requires careful consideration, especially in light of the definition in the Biodiversity Convention. In the same context, while compensable damage should include the costs of preventive measures and reasonable measures of reinstatement, it should not be so limited, since it may well no longer be feasible to recall the GMO in question.Less
This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as personal injury or damage to property. There is also, however, a risk of environmental damage per se, which legal systems may find more problematic. In particular, the notion of damage to ‘biological diversity’ requires careful consideration, especially in light of the definition in the Biodiversity Convention. In the same context, while compensable damage should include the costs of preventive measures and reasonable measures of reinstatement, it should not be so limited, since it may well no longer be feasible to recall the GMO in question.
Reinhard Zimmermann
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198764267
- eISBN:
- 9780191695247
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198764267.003.0030
- Subject:
- Law, Law of Obligations
This chapter continues the analysis of the lex Aquilia from the previous chapter. The first section examines the statutory definition of the delict as iniuria. The second section deals with the ...
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This chapter continues the analysis of the lex Aquilia from the previous chapter. The first section examines the statutory definition of the delict as iniuria. The second section deals with the protection of a freeman's bodily integrity. The third section discusses the usus modernus legis aquiliae. The last section explores various contributions towards the modern, generalised law of delict.Less
This chapter continues the analysis of the lex Aquilia from the previous chapter. The first section examines the statutory definition of the delict as iniuria. The second section deals with the protection of a freeman's bodily integrity. The third section discusses the usus modernus legis aquiliae. The last section explores various contributions towards the modern, generalised law of delict.
Reinhard Zimmermann
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198764267
- eISBN:
- 9780191695247
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198764267.003.0029
- Subject:
- Law, Law of Obligations
This chapter discusses lex Aquilia, the most important statutory enactment on Roman private law subsequent to the XII Tables. It was passed by an assembly of the plebs after it had been proposed by a ...
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This chapter discusses lex Aquilia, the most important statutory enactment on Roman private law subsequent to the XII Tables. It was passed by an assembly of the plebs after it had been proposed by a tribune by the name of Aquilius. It repealed and superseded all earlier laws dealing with unlawful damage. The first section of this chapter explores the origin and the content of the lex Aquilia. The second section investigates the assessment of the sum of condemnation in lex Aquilia. The third section describes the nature of the actio legis aquiliae. The fourth section looks at the statutory definition of the delict as harmful result. The last section shares some reflections about causation in the Roman law of delict and the actio legis Aquiliae.Less
This chapter discusses lex Aquilia, the most important statutory enactment on Roman private law subsequent to the XII Tables. It was passed by an assembly of the plebs after it had been proposed by a tribune by the name of Aquilius. It repealed and superseded all earlier laws dealing with unlawful damage. The first section of this chapter explores the origin and the content of the lex Aquilia. The second section investigates the assessment of the sum of condemnation in lex Aquilia. The third section describes the nature of the actio legis aquiliae. The fourth section looks at the statutory definition of the delict as harmful result. The last section shares some reflections about causation in the Roman law of delict and the actio legis Aquiliae.
Cees Van Dam
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199672264
- eISBN:
- 9780191751288
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199672264.003.0003
- Subject:
- Law, Law of Obligations, EU Law
This chapter analyzes French tort law, which is characterized by its broad general principles. Only a few rules govern most of the law of extra-contractual liability and these are laid down in the ...
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This chapter analyzes French tort law, which is characterized by its broad general principles. Only a few rules govern most of the law of extra-contractual liability and these are laid down in the Napoleonic Code civil (CC) of 1804, which is still in force. The main fault liability rule can be found in article 1382 CC (liability for one's own faute), but in cases of personal injury and property damage the strict liability rule of article 1384 al. 1 CC is much more important. This rule is developed by the Cour de cassation and establishes a strict liability for damage, caused by a thing (chose). The Cour de cassation also developed a general strict liability rule for damage caused by other persons, which supplements the more specific strict liability rules for parents (for damage caused by their children) and for employers (for damage caused by their employees). Hence, in France, in cases of personal injury and property loss, strict liability is the rule and fault liability the exception.Less
This chapter analyzes French tort law, which is characterized by its broad general principles. Only a few rules govern most of the law of extra-contractual liability and these are laid down in the Napoleonic Code civil (CC) of 1804, which is still in force. The main fault liability rule can be found in article 1382 CC (liability for one's own faute), but in cases of personal injury and property damage the strict liability rule of article 1384 al. 1 CC is much more important. This rule is developed by the Cour de cassation and establishes a strict liability for damage, caused by a thing (chose). The Cour de cassation also developed a general strict liability rule for damage caused by other persons, which supplements the more specific strict liability rules for parents (for damage caused by their children) and for employers (for damage caused by their employees). Hence, in France, in cases of personal injury and property loss, strict liability is the rule and fault liability the exception.
Anne Nassauer
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780190922061
- eISBN:
- 9780190922092
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190922061.003.0006
- Subject:
- Sociology, Law, Crime and Deviance, Politics, Social Movements and Social Change
Chapter 5 examines the second path to violence in protest marches. Like the other two paths, it leads to violent clashes between protesters and police due to interactions, interpretations, and ...
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Chapter 5 examines the second path to violence in protest marches. Like the other two paths, it leads to violent clashes between protesters and police due to interactions, interpretations, and emotional dynamics that emerge between the start of the protest and violence erupting. This second path to protest violence, called the offense path, is comprised of spatial incursions, escalation signs, and property damage. Based on detailed discussions of US and German protests, the chapter argues that a self-fulfilling prophecy cannot explain the outbreak of violence but that actions during the protest can foster violence if they are interpreted as signs of immanent escalation. Such escalation signs increase tension and fear regardless of prior expectations. A further section discusses how property damage favors escalation. A last section highlights how their combination with spatial incursions and escalation signs during protests leads protesters or police to perceive an offense by the other group.Less
Chapter 5 examines the second path to violence in protest marches. Like the other two paths, it leads to violent clashes between protesters and police due to interactions, interpretations, and emotional dynamics that emerge between the start of the protest and violence erupting. This second path to protest violence, called the offense path, is comprised of spatial incursions, escalation signs, and property damage. Based on detailed discussions of US and German protests, the chapter argues that a self-fulfilling prophecy cannot explain the outbreak of violence but that actions during the protest can foster violence if they are interpreted as signs of immanent escalation. Such escalation signs increase tension and fear regardless of prior expectations. A further section discusses how property damage favors escalation. A last section highlights how their combination with spatial incursions and escalation signs during protests leads protesters or police to perceive an offense by the other group.
Paul J du Plessis
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199677344
- eISBN:
- 9780191758379
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199677344.003.0016
- Subject:
- Law, Philosophy of Law, Legal Profession and Ethics
This chapter seeks to make a modest contribution to modern knowledge on wrongful damage to property by focusing on the slave as the object damaged or destroyed. It attempts to compile a ‘normative ...
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This chapter seeks to make a modest contribution to modern knowledge on wrongful damage to property by focusing on the slave as the object damaged or destroyed. It attempts to compile a ‘normative profile’ of the types of slave which the jurists envisaged in their exploration of the lex Aquilia, with a view to establishing whether such a focus better informs modern understanding of the Roman law of delict.Less
This chapter seeks to make a modest contribution to modern knowledge on wrongful damage to property by focusing on the slave as the object damaged or destroyed. It attempts to compile a ‘normative profile’ of the types of slave which the jurists envisaged in their exploration of the lex Aquilia, with a view to establishing whether such a focus better informs modern understanding of the Roman law of delict.
Joe Thomson
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199677344
- eISBN:
- 9780191758379
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199677344.003.0039
- Subject:
- Law, Philosophy of Law, Legal Profession and Ethics
This chapter considers the nature of liability to make reparation for losses caused by negligence. It focuses on the situation where losses have arisen as a result of personal injury or physical ...
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This chapter considers the nature of liability to make reparation for losses caused by negligence. It focuses on the situation where losses have arisen as a result of personal injury or physical damage to property. The discussions cover the function of the law of negligence; constituent harm; the duty of care; breach of duty; reparation for losses; and remoteness of losses.Less
This chapter considers the nature of liability to make reparation for losses caused by negligence. It focuses on the situation where losses have arisen as a result of personal injury or physical damage to property. The discussions cover the function of the law of negligence; constituent harm; the duty of care; breach of duty; reparation for losses; and remoteness of losses.
Mateo Taussig-rubbo
- Published in print:
- 2011
- Published Online:
- June 2013
- ISBN:
- 9780804775366
- eISBN:
- 9780804780704
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804775366.003.0017
- Subject:
- Law, Legal History
This chapter notes that the attacks of September 11, 2001, led to the designation of property damaged in the attacks as “sacred” by officials and others. This new designation was applied both to real ...
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This chapter notes that the attacks of September 11, 2001, led to the designation of property damaged in the attacks as “sacred” by officials and others. This new designation was applied both to real property and to souvenirs of the attacks. Some of the objects in question were unremarkable, often nothing more than rubble. However, for those who possessed them, they seemed to have transcended such banal categorizations. This chapter examines the form of value created through destruction. It asks who lays claim to that value, to what purposes it is directed, how it attaches to material objects and land, and whether it overwhelms the usual legal understandings of property and ownership or can be subordinated to them.Less
This chapter notes that the attacks of September 11, 2001, led to the designation of property damaged in the attacks as “sacred” by officials and others. This new designation was applied both to real property and to souvenirs of the attacks. Some of the objects in question were unremarkable, often nothing more than rubble. However, for those who possessed them, they seemed to have transcended such banal categorizations. This chapter examines the form of value created through destruction. It asks who lays claim to that value, to what purposes it is directed, how it attaches to material objects and land, and whether it overwhelms the usual legal understandings of property and ownership or can be subordinated to them.
Anne Nassauer
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780190922061
- eISBN:
- 9780190922092
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190922061.003.0003
- Subject:
- Sociology, Law, Crime and Deviance, Politics, Social Movements and Social Change
Chapter 2 examines whether protesters’ motivations and the presence of the “violent few” can lead to violence in protest marches. The chapter first discusses how some protest groups, often dubbed the ...
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Chapter 2 examines whether protesters’ motivations and the presence of the “violent few” can lead to violence in protest marches. The chapter first discusses how some protest groups, often dubbed the “black bloc,” are frequently viewed as motivated toward physical violence per se and are commonly assumed to be solely responsible for it. Yet the goals and influence of the violent few on violent clashes are often misinterpreted. A first section sheds light on who the violent few are. It shows that their key motivations, often associated with either anarchism or destruction for fun, in fact lie elsewhere and that their presence alone is not sufficient for clashes. Further sections discuss what the violent few want and whether they have the potential to stir up the crowd, as police and media often assume. A last section broadens the discussion to the overall impact of peoples’ motivations for the outbreak of violence.Less
Chapter 2 examines whether protesters’ motivations and the presence of the “violent few” can lead to violence in protest marches. The chapter first discusses how some protest groups, often dubbed the “black bloc,” are frequently viewed as motivated toward physical violence per se and are commonly assumed to be solely responsible for it. Yet the goals and influence of the violent few on violent clashes are often misinterpreted. A first section sheds light on who the violent few are. It shows that their key motivations, often associated with either anarchism or destruction for fun, in fact lie elsewhere and that their presence alone is not sufficient for clashes. Further sections discuss what the violent few want and whether they have the potential to stir up the crowd, as police and media often assume. A last section broadens the discussion to the overall impact of peoples’ motivations for the outbreak of violence.
Anne Nassauer
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780190922061
- eISBN:
- 9780190922092
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190922061.003.0002
- Subject:
- Sociology, Law, Crime and Deviance, Politics, Social Movements and Social Change
Chapter 1 lays the basis for the analyses in subsequent chapters by summarizing the protest groups and types of violence examined in this book. A first section takes a closer look at the protest ...
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Chapter 1 lays the basis for the analyses in subsequent chapters by summarizing the protest groups and types of violence examined in this book. A first section takes a closer look at the protest groups discussed in chapters 2 to 8: the 1960s student movements in the United States and Germany, the new social movements, and the global justice movement protests. It describes involved social movement groups and discusses their claim-making, their membership composition, their stance toward violence, the frequency of such groups clashing with police, as well as police perceptions of them. A second section discusses the definition of violence used in the book. Highlighting different concepts of violence, it argues for a concise definition of physical interpersonal violence—as actions injuring or killing another person. This definition also allows examination of whether other types of actions often labeled “violence,” such as property damage, may foster interpersonal violence.Less
Chapter 1 lays the basis for the analyses in subsequent chapters by summarizing the protest groups and types of violence examined in this book. A first section takes a closer look at the protest groups discussed in chapters 2 to 8: the 1960s student movements in the United States and Germany, the new social movements, and the global justice movement protests. It describes involved social movement groups and discusses their claim-making, their membership composition, their stance toward violence, the frequency of such groups clashing with police, as well as police perceptions of them. A second section discusses the definition of violence used in the book. Highlighting different concepts of violence, it argues for a concise definition of physical interpersonal violence—as actions injuring or killing another person. This definition also allows examination of whether other types of actions often labeled “violence,” such as property damage, may foster interpersonal violence.
