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Compensation for pain, suffering and disfigurement

This brings us to the content of the Aquilian claim. The most interesting changes that occurred in this regard related to the infliction of bodily harm upon freemen. That medical expenses and loss of income could be claimed[5351] [5352] [5353] was never doubted.

But could the injured person ask to be compensated for pain, suffering and disfigurement? The answer of the Roman lawyers had been in the negative; at least as far as disfigurement was concerned, Gaius (D. 9, 3, 7) had left no doubt about that.[5354] On the other hand, however, the idea of providing victims of violence with fixed amounts of money to comfort them was firmly rooted in Germanic (or perhaps rather: local) customary law.[5355] People were thus used to the fact that their immaterial interest was taken into account when it came to the award of damages. Hence the continuous pressure by plaintiffs and counsel to abandon the rule of Roman law, a pressure to which 17th- and 18th-century courts eventually succumbed.[5356] Academic writers tended for a long time to lash out at the uneducated practitioners ("Unde errare indoctos rabulas forenses..,"lyn) and to take an uncompromisingly conservative attitude:

"Si liber homo laesus est, agitur tantum ad operas amissas,11" et expensas in curationem factas, deformitatis vero ct dolorum nulla habetur ratio."192

In the end, however, they had to resign themselves, velit nolit, to the practical realities:

. et cicatricis et doloris atque deformitatis aestimatio moribus praestanda veniat, si per laesum laesamve petita sit."1'"

It may be noted that injury to women paved the way for this development, at least as far as compensation for disfigurement was concerned.194 For whereas men do not have to care very much about their appearance (only to them should Gai. D. 9, 3, 7 therefore be taken to apply!195), beauty is a matter of vital importance to women: it facilitates their prospects of marriage and, as a result, of financial security.

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Source: Zimmermann R.. The Law of Obligations. Roman Foundations of the Civilian Tradition. Juta & Co, Ltd,1992. — 1241 p.. 1992

More on the topic Compensation for pain, suffering and disfigurement:

  1. THE (UNIVERSAL) CORPOREAL LANGUAGE OF PAIN
  2. Delictual liability: from revenge to compensation
  3. THE COW AND THE PLOW: ANIMAL SUFFERING HUMAN GUILT AND THE CRIME OF CRUELTY
  4. WHAT IS CRUELTY? THE LAW’S AMBIGUITY
  5. ABSTRACT
  6. CONCLUSION
  7. BACKGROUND: THE THEORIES OF PUNISHMENT AND THE REMORSE DISCOUNT
  8. Justinian's contribution
  9. Table of Contents
  10. ABSTRACT
  11. The language of public debate on international issues is filled with appeals to and invocations of the international community.1
  12. INTRODUCTION: GUILT AND UTOPIA
  13. Virtue