sui generis

Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ^[1] The expression was effectively created by scholastic philosophy to indicate an idea, an entity or a reality that cannot be included in a wider concept.^{[citation needed]} In the structure "genus → species" a species that heads its own genus is sui generis. The phrase is pronounced "SOO-ee GEN-er-ihs."

Legal applications

In law, it is a term of art used to identify a legal classification that exists independently of other categorizations because of its uniqueness or due to the specific creation of an entitlement or obligation. Courts have used the term in describing cooperative apartment corporations, mostly because this form of housing is considered real property for some purposes and personal property for other purposes. In intellectual property there are rights which are known as being sui generis to owners of a small class of works, such as intellectual property rights in mask works, ship hull designs, databases, or plant species.

Statutory

In statutory interpretation, it refers to the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear. For example, in criminal law, a statute might require a mens rea element of "unlawful and malicious" intent. Whereas the word "malicious" is well-understood, the word "unlawful" in this context is less clear. Hence, it must be given a meaning of the "same kind" as the word of established meaning.

This is particularly the case when the two or more words are conjoined, linked by the word "and", as opposed to placed in a disjunctive relationship, linked by the word "or". The interpretation of the two or more words might be different depending on the circumstances. Courts sometimes have to attribute a conjunctive (X and Y) intention to the legislature even though the list is disjunctive (X or Y) because, otherwise, no overall interpretation of the law in question would make sense.

Town planning

In British town planning law, certain uses of land are labeled sui generis to indicate that they are not covered by a 'Use Class' – effectively in a class of their own. Change of use of land within a Use Class does not require planning permission; however, changing between Use Classes, or any change of use of sui generis land, requires planning permission. Examples of sui generis use (identified in the Use Classes Order 1987) include theatres, amusement arcades, laundrettes, taxi or vehicle hire businesses, petrol filling stations, scrapyards, nightclubs, motor car showrooms, retail warehouses, clubs and hostels.

Aboriginal law

The term has also been used in the context of Canadian aboriginal law to describe the nature of aboriginal title.

Political science

In political science, the unparalleled development of the European Union as compared to other international organizations has led to its designation as a sui generis geopolitical entity. The EU has often been described as "somewhere in between a confederation and a federation".

A similar case which has led to the use of the label sui generis is the unique relationship between France and New Caledonia, since the legal status of New Caledonia can aptly be said to lie "somewhere between an overseas collectivity and a sovereign nation". Whereas there are perhaps other examples of such a status for other disputed or dependent territories, this arrangement is certainly unique within the French Republic.

The old Holy Roman Empire may also fit under this category for its unique organization and place in European history.

Kosovo has been considered a sui generis for the fact that its eventual independence may not serve as a precedent to other breakaway territories.

Sociology

In the sociology of Emile Durkheim, sui generis is used to illustrate his theories on social existence. He maintains that society, as it was there before any living individual was born, is independent of all individuals. His sui generis (its closest English meaning in this sense being 'independent') society will furthermore continue its existence after the individual ceases to interact with it.

Examples in media

Meryl Streep was praised in a Wall Street Journal review of The Devil Wears Prada: "(her) pitch-perfect portrayal of Miranda is sui generis, with a dramatic existence of its own, as unique and memorable as, say, a Bette Davis character."^[2]

Martin Kettle in The Guardian said about hung parliaments: "Each is sui generis, dependent on the particular parliamentary arithmetic, inter-party momentum and surrounding political circumstances."^[3]

Slate has used the term several times; one article discussed the unique variations of French Rose Champagne: "Grower Champagnes are wines made by small farmers in the Champagne region who, bucking convention, choose to craft their own wines rather than sell their grapes to the major Champagne houses. Typical of farmer fizzes, the grower rosés are utterly sui generis—in a few cases almost freakishly so."^[4]

A CNN The Marquee post said about James Brown, "I can't even begin to talk about his importance. He was sui generis."^[5]

Political commentator Dick Morris referred to the intense public interest in the 2008 US Presidential race as "clearly sui generis, and anything can happen."^[6]

See also

• Judicial activism

References

External links

• Changes of Use of Buildings and Land (Office of the Deputy Prime Minister)

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