22 October 2017

Harassment

The insightful 'A Roman law solution to an eternal problem: A proposed new dignitary tort to remedy sexual harassment' by Bede Harris in (2017) 42(3) Alternative Law Journal discusses
 the failure of both common and statute law to provide an adequate remedy for sexual harassment. The author adopts a comparative approach and examines the actio injuriarum of Roman law, which gives a remedy to plaintiffs for impairment of dignity caused by insult. He discusses how case law which has developed under Roman-Dutch law in South Africa has been used to provide a remedy for sexual harassment in a wide range of circumstances and suggests that tort law be developed along the same lines in Australia.