Strange Gods in the Twenty-First Century: the Doctrine of <i>Aemulatio Vicini</i>

Elspeth Reid

in A Mixed Legal System in Transition

Published by Edinburgh University Press

Published in print July 2005 | ISBN: 9780748623358
Published online March 2012 | e-ISBN: 9780748651467 | DOI:
Strange Gods in the Twenty-First Century: the Doctrine of Aemulatio Vicini

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Smith's inaugural lecture as Professor of Civil Law at the University of Edinburgh in 1958 set out the manifesto for Smith's comparative law. The lecture took as its starting point the conceptual structure of the law of delict. Important opportunities had been missed in the failure to build delict on the sound foundations of the actio injuriarum and the lex Aquilia, and Scots law suffered from the misidentification of culpa with the English tort of ‘negligence’. These themes have been further developed and reappraised elsewhere. This chapter focuses upon a further topic also discussed on this platform by Smith: the principle of aemulatio vicini (or what is popularly but not very happily called ‘abuse of rights’).

Keywords: T B Smith; comparative law; law of delict; Scots law; tort of negligence; aemulatio vicini; abuse of rights

Chapter.  7705 words. 

Subjects: History of Law

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