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Updated: May 21, 2025
In England the communication of venereal disease by illicit intercourse is not an actionable wrong if the act of intercourse has been voluntary, even although there has been wilful and intentional concealment of the disease. Ex turpi causâ non oritur actio, it is sententiously said; for there is much dormitative virtue in a Latin maxim.
Here we are brought face to face with the question as to unmediated actio in distans. Is there such a thing? Not far off from this, in another direction, lies the question of the nature of electricity.
I can only give a few of the many little histories which have been preserved for us in this Actio Secunda; but perhaps these few may suffice to show how a great Roman officer could demean himself in his government. Of the doings of Verres before he went to Sicily I will select two.
Action you know means this: 'Actio nihil aliud est quam jus prosequendi injudicium quod sibi debelur: or, 'a right of prosecuting to judgment, for what is due to one's self. B is and was supposed to be in the custody of the Marshal. Observe, supposed to be: for very likely B is walking unmolested in his garden; or what not.
It is natural therefore that in the Legis Actio the remuneration of the Judge should be reduced to a reasonable sum, and that, instead of being adjudged to one of a number of arbitrators by popular acclamation, it should be paid as a matter of course to the State which the Prætor represents.
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