The main Roman delicts divide the field in this way: furtum and damnum iniuria datum have to do with wealth.
Furtum is concerned with wrongful redistribution of wealth and damnum with wrongful waste. Iniuria by contrast protects the human personality. That is a generic and abstract way of encompassing the many different aspects of life in which people need respect and consideration from others.
Their bodily integrity, their personal freedom, their sexuality, their privacy, their good name. Different cultures have different approaches and emphases. The Roman way was to bring the various interests together in a single right, to an equality of respect: one free man ought not to belittle the individuality of another. The idea is too rarefied for a court to apply directly to the facts of everyday life. It is also too modern. The jurists themselves did not much theorise about what their law was doing, or how. They just got on with it.There is not a definition of this delict, nor a statutory text to analyse. It forms a looser category, more a list of known cases held together by a principle and not closed. Furtum and damnum are much easier to get to grips with. Another complication is that one's view of how the catÂegory should be handled is to a certain extent controlled by the story of its development, how it was handled in the past. And that history is controversial. It is a mistake to allow those controversies too large a role. The approach which I use is to concentrate first on the law of the mid second century, Gaius's law, based on the edict as tidied up by Julian. After getting a view of the thing in its developed state there will be time to run to the pattern of its growth. It will be impossible to separate the history absolutely. It always is.
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