Cases Decided in the Supreme Court of the Cape of Good Hope : With Table of Cases And Alphabetical Index
Cases Decided in the Supreme Court of the Cape of Good Hope : With Table of Cases And Alphabetical Index
Cape of Good Hope (South Africa). Supreme Court
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Cicero, in one of his speeches (Oratio Philip., 2, e. 4), speaks of the practice of publishing private letters as a breach of good manners and an offence against common decency, and as calculated to put an end to all familiar cor- respondence between friends ; but he does not condemn the practice as illegal, on the contrary, he rather seems to assume that it is not illegal. Indeed, I am not aware that his own consent, or that of his heirs, was obtained to the publication of all his letters to A...tticus and other friends, or that any attempt was ever made to restrain their publication, although some of them were of such a nature that no one can suppose he wished or intended them to be published. In Justinian's Institutes (2, 1, 33), it is said that, " If Titius has written a poem, a history, or a speech on your paper or parchment, you, and not Titius, are the owner of the written paper." Voet (41, I, 26), Groenewegen (ad Inst, 2, 1, 33), and Grotius (Introduction, 2, 8, 3), hold that this doctrine does not obtain in the law of Holland, but not one of them refers to the case of a person multiplying copies of a composition which has come to his knowledge.
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