Sui generis

Sui generis is a Latin term of right, meaning “of its own kind”. It is a problem of Taxinomie Juridique. That qualifies a legal situation whose singularity prevents any classification in an already indexed category and requires to create specific texts.

Examples

Certain specific rights of Intellectual property can be regarded as sui generis . In the framework of the Genetic protection of the resources S (plants, animals), OMC, request with the countries signatories to define a system of rights adapted, in conformity with the interests and the traditions nationals.

It is often said that the European Union is a political and legal construction sui generis , since it is not a Fédération of States, a Union of States or a confederation.

In Administrative law, there exist also administrative people sui generis , like the national banks of the Member States of the European Union, which are placed under the control of the European Central bank.

In Sociology, “ sui generis ” is an expression frequently used by Emile Durkheim with an aim of characterizing the nature of the social facts. In this field, “ sui generis ” is used to mark that a totality (facts) is not reducible with the sum of its parts, and presents features of a kind which is clean for him. By taking the example of the suicide, Durkheim shows that under consideration from the statistical point of view, - as “a social fact”, - this last present of the characteristics (rate, type), whose apprehension was impossible by the simple catch in consideration of its individual demonstrations.

In short, one can consider that “sui generis” is a key notion of the work of Durkheim, since it enables him to mark a fundamental analytical distinction between individual and collective, legitimating a field of study at the same time exclusively directed towards the analysis of the social facts; since the social facts are “ of a kind which is clean for them ”, it is necessary that a science “ sui generis ” it also takes care of their study: sociology.

Simple: Sui generis

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