Wikipedia

Sui generis

For other uses, seeSui Generis (disambiguation).

Look upsui generisin Wiktionary, the free dictionary.
Wikiquote has quotations related toSui generis.

Sui generis(/ˌsuːiˈdʒɛnərɪs/SOO-eeJEN-ər-iss,[1]Classical Latin:[ˈsʊ.iːˈɡɛnɛrɪs]) is aLatinphrase that means "of its/their own kind" or "in a class by itself", therefore "unique".[2]

Several disciplines use the term to refer to unique entities. These include:

  • Biology, forspeciesthat do not fit into a genus that includes other species[3](its owngenus)
  • Creative arts, for artistic works that go beyond conventional genre boundaries (its owngenre)
  • Law, when a special and unique interpretation of a case or authority is necessary (its ownspecial case)
    • Intellectual property rights, for types of works not falling under general copyright law but protected through separate statutes
  • Philosophy, to indicate an idea, an entity, or a reality that cannot be reduced to a lower concept or included in a higher concept (its owncategory)

Biology

edit

In thetaxonomicalstructure "genus→species",a species is described assui generisif its genus was created to classify it (i.e., its uniqueness at the time of classification merited the creation of a new genus, the sole member of which was initially thesui generisspecies). A species that is the soleextantmember of its genus (e.g., the genusHomo) is not necessarilysui generis;extinctions may have eliminated other congeneric species. Asui generisgenus may also be called amonotypic genus.

Creative arts

edit

A book, movie, television series, or other artistic creation is calledsui generiswhen it does not fit into standard genre boundaries. Movie critic Richard Schickel identifiesJoe Versus the Volcanoas asui generismovie.[4]Film critic Michael Brooke used the term to describeFantastic Planet,a 1973 Franco-Czech sci-fi animated film directed byRené Laloux.[5]

Law

edit

Inlaw,it is aterm of artused to identify a legal classification that exists independently of other categorizations, either because of its singularity or due to the specific creation of an entitlement or obligation.[6]For example, a court's contempt powers arisesui generisand not from statute or rule.[7]TheNew York Court of Appealshas used the term in describing cooperative apartment corporations, mostly because this form of housing is consideredreal propertyfor some purposes andpersonal propertyfor other purposes.[8]

When citing cases and other authorities, lawyers and judges may refer to "asui generiscase ", or" asui generisauthority ", meaning it is a special one confined toits ownfacts and, therefore, may not be of broader application.

Intellectual property law

edit

Generally speaking, protection forintellectual propertyextends to intellectual creations to incentivize innovation and depends upon the nature of the work and itscharacteristics.[citation needed]The main types of intellectual property law are:copyright,which protects creative works;patent,which protects invention;trade secret,which protects information not generally known or readily ascertainable that is valuable to the secret holder; andtrademark,which protects branding and other exclusive properties of products and services. Any matter that meets these criteria can be protected.

Sui generisstatutes exist in many countries that extend intellectual property protection to matter that does not meet characteristic definitions. For example,integrated circuit layouts,ship hull designs,fashion designsin France,databases,andplant varietiesrequiresui generisstatutes because of their unique characteristics. The United States, Japan, Australia, and many EU countries protect the topography of semiconductor chips andintegrated circuitsundersui generislaws, which borrow some aspects from patent or copyright law. In the U.S., thissui generislaw is known as theSemiconductor Chip Protection Act of 1984.

Statutory law

edit

Instatutory interpretation,sui generisrefers to the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear.

In road traffic law, a statute may require consideration of large vehicles separately from other vehicles. The word "large" is ambiguousper sebut may be considered "heavy". The relevant legislation (in Australian law) contain sections called "Terms used" or "Definitions" that itemise all words deemed ambiguous and confers specific interpretations consistent with natural language. One indicates "heavy vehicle" means a vehicle with a GVM over 4.5 tons, and GVM means "gross vehicle mass", the maximum loaded mass of the vehicle. Further explanations cover various contingencies. Thus, "large" is equivalent to "heavy" and is (for this unique case) clearly definedsui generis.

In U.S. attorney admissions, an applicant for admission to the practice of law may be referred to the state committee on character and fitness, where proceedings are "neither civil nor criminal, but are sui generis".[9]

Town planning law

edit

Intown and country planning in the United Kingdom,in particular, relating to theTown and Country Planning (Use Classes) Order 1987,many common types of land use are categorised into specific "use classes". Change of use of land within a use class does not require planning permission; changing between use classes might require planning permission, and approval is always needed if the new use issui generis.

Examples ofsui generisuses includeembassies,theatres,amusement arcades,laundrettes,taxiorvehicle hirebusinesses,petrol filling stations,scrapyards,nightclubs,motor car showrooms,retail warehouses, clubs andhostels.[10] As of 1 September 2020 following the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020,[11]the following uses were added as sui generis:[12]

  • public houses, wine bars, or drinking establishments (previously Class A4)
  • drinking establishments with expanded food provision (previously Class A4)
  • hot food takeaways (previously Class A5)
  • venues for live music performance
  • cinemas (previously Class D2(a))
  • concert halls (previously D2(b))
  • bingo halls (previously D2(c))
  • dance halls (previously D2(d))

The grant of private hire vehicle (taxicab) operators licences by local authorities frequently has a condition that the appropriatesui generischange of use planning permission is granted to those premises to ensure those businesses cannot trade lawfully without the relevant planning consent.

International law

edit

When applied to international law, "sui generis"refers to situations which are distinct and thus not easily categorized under existing legal frameworks or conventions.Sui generisin international law may suggest novel legal frameworks to address unprecedented issues using a new set of legal principles. For example, the legal status of the internet or space law. Sui generissystems can be crucial in international law because they allow the international community to develop adaptive legal responses to emerging global challenges and contexts that are not adequately addressed by traditional international law. They often also serve as precursors to the evolution of wider customary international law or the development of new treaties and conventions. The uniqueness ofsui generislegal regimes can sometimes make them challenging to interpret, enforce, or harmonize with existing legal frameworks.[13]

Philosophy

edit

Analytic philosophyoften uses the expression to indicate an idea, anentity,or a reality that cannot be reduced to a lowerconceptor included in a higher concept.G. E. Moore,for example, refuted reductiveethical naturalismin moral theories likeutilitarianismby arguing that moral properties (like good or bad) could not be reduced to or equated with non-moral properties (like pleasure) because moral properties are sui generis. This can be seen in Moore'sopen-question argument.[14][15]

Politics and society

edit

Inpolitical philosophy,the unparalleled development of theEuropean Unionas compared with otherinternational organizationshas led to its designation as asui generisgeopoliticalentity. The legal nature of the EU is widely debated because its mixture ofintergovernmentalandsupranationalelements causes it to share characteristics with bothconfederalandfederalentities. It is generally considered more than a confederation but less than a federation,[16]thus being appropriately classified as an instance of neither political form. Compared to other international organizations, the EU is often considered "sui generis" because its legal system comprehensively rejects any use of retaliatory sanctions by one member state against another.[17]

A similar case that led to the use of the labelsui generisis the relationship ofNew Caledoniarelative to France because the legal status of New Caledonia can aptly be said to lie somewhere between a Frenchoverseas collectivityand asovereign nation.Although other examples of such status for furtherdependentordisputedterritories may exist, this arrangement is unique within the French realm.

Thelegal status of the Holy Seeis also described as asui generisentity possessing an international personality. TheSovereign Military Order of Maltahas likewise been described as a "sui generisprimary subject of public international law ".[18]Another entity widely considered to havesui generisinternational legal personality is theInternational Committee of the Red Cross.[19]

In local government, asui generisentity does not fit with a country's general scheme of local governance. For example, in England, theCity of Londonand theIsles of Scillyare the twosui generislocalities, as their forms of local government are both (for historical or geographical reasons) very different from those of elsewhere in the country. In a press conference during which reporters were trying to analyse his political personality,Huey Longsaid "say that I amsui generus,and let it go at that ".[20]

TheJoint Council of MunicipalitiesinCroatiais asui generiscouncil of municipalities in the east of the country that was formed after theErdut AgreementandUNTAESmission aimed at protection of the rights of the ethnic Serb community in the region and is, as such, unique form of local cooperation and minority self-government in Croatia.[21][22][23]

Sociology

edit

In sociology, methodological holists argue thatsocial phenomenaexist in their own right (sui generis) and are not reducible to the actions of individuals.[24]For example,Emile Durkheimargued that thesuicide ratewas a social phenomenon sui generis (existing over and above the actions of individuals)[25]In asocial constructionistperspective, "sui generisis what has been externalized, then internalized in the overall public and becomes a part of society that exists in its construct. It is not something that is not thought to have been created because it is embedded in everyone's way of thinking and being. Instances include love, going to school, or clothing belonging to a specific gender. These examples aresui generisfor they exist in society and are widely accepted without thoughts of where they come from or how they were created.[26]

See also

edit

References

edit
  1. ^"sui generis".Oxford English Dictionary(Online ed.).Oxford University Press.(Subscription orparticipating institution membershiprequired.)
  2. ^Mawson, C. O. Sylvester (1975)."sui generis".Dictionary of Foreign Terms(2 ed.). New York: Thomas Y. Crowell Company. p.328.ISBN0-690-00171-1.
  3. ^Bentham, George (1880)."Notes on Euphorbiaceæ".Journal of the Linnean Society, Botany.17:225 – via Google.
  4. ^Schickel, Richard(12 February 2005)."Joe Versus the Volcano,1990, John Patrick Shanley, U.S. "Guilty Pleasures.Time.Archived fromthe originalon 12 March 2010.Retrieved11 August2011.
  5. ^Brooke, Michael."Fantastic Planet:Gambous Amalga ".criterion.The Criterion Collection.Retrieved15 September2016.
  6. ^SeeDunway v. New York,442 U.S. 200 (1979).
  7. ^SeeIn re Marriage of Betts,558 N.E.2d 404, 200 Ill.App.3d 26 (1990).
  8. ^SeeMatter of State Tax Commn. v. Shor,43 NY2d 151, 400 N.Y.S.2d 805, 371 N.E.2d 523 (1977).
  9. ^"A.R.S. Sup.Ct.Rules, Rule 36, Effective: January 1, 2023".
  10. ^"Use Classes - Change of use - Planning Portal".planningportal.co.uk.Retrieved26 April2024.
  11. ^"Use Classes - Change of use - Planning Portal".planningportal.co.uk.Retrieved19 April2022.
  12. ^"Sui Generis Use Class Explained".Restaurant Property.Retrieved19 April2022.
  13. ^Gallagher AT. The International Legal Framework. In:The International Law of Human Trafficking.Cambridge University Press; 2010:54-143.
  14. ^Zalta, Edward N., ed. (26 April 2021).The Stanford Encyclopedia of Philosophy.Metaphysics Research Lab, Stanford University – via Stanford Encyclopedia of Philosophy.
  15. ^"Sui Generis Law and Legal Definition".Retrieved2 January2020.
  16. ^For example, David Marquand says it is "less than a federation but more than a confederation". Brigid Laffan and Kimmo Kiljunen both see it residing "between a confederation and a federation". Thomas Hueglin and Alan Fenna locate it "somewhere between federation and confederation" and Kalypso Nicolaidis argues "it is more than a confederation of sovereign states" but "should not become a federal state". Marquand, David (2006) "Federalism and the British: Anatomy of a Neurosis", in Political Quarterly, Vol. 77, No. 2, p. 175. Laffan, Brigid (2002) The Future of Europe Debate, Institute of European Affairs, Dublin, p. 10. Kiljunen, Kimmo (2004) The European Constitution in the Making, Centre for European Policy Studies, Brussels, p. 22. Hueglin, Thomas and Fenna, Alan (2006) Comparative Federalism: A Systematic Inquiry, Broadview, Peterborough, p. 13. Nicolaidis, Kalypso (2004) 'We, the Peoples of Europe...', in Foreign Affairs, Vol. 83, No. 6, pp. 101-2.
  17. ^Phelan, William (2012). "What IsSui GenerisAbout the European Union? Costly International Cooperation in a Self-Contained Regime ".International Studies Review.14(3): 367–385.doi:10.1111/j.1468-2486.2012.01136.x.
  18. ^Bátora, Jozef; Hynek, Nik (2014), Bátora, Jozef; Hynek, Nik (eds.),"The Sovereign Military Order of Malta: Extraordinary Resilience Meets Chance",Fringe Players and the Diplomatic Order: The “New” Heteronomy,Studies in Diplomacy and International Relations, London: Palgrave Macmillan UK, pp. 112–137,doi:10.1057/9781137314697_6,ISBN978-1-137-31469-7,retrieved14 December2021
  19. ^Torreblanca, Godofredo (28 February 2013)."The International Committee of the Red Cross and human rights law".Research Handbook on Human Rights and Humanitarian Law:540–569.doi:10.4337/9781781006078.00036.ISBN978-1-78100-607-8.
  20. ^Oxford Dictionary of Quotations, Oxford University Press, Oxford and New York, 1999, page 473, quoted from T. Harry Williams'Huey Long(1969)
  21. ^"Zajedničko veće opština".Serb National Council.Retrieved19 February2018.
  22. ^"Konstituisan 6.saziv Zajedničkog veća opština – novi predsednik Srđan Jeremić iz Borova".Radio Borovo.29 July 2017.Retrieved19 February2018.
  23. ^"Дрaгaнa Jeцкoв: Врaтићeмo укрaдeни мандат".Novosti (Croatia).Retrieved19 February2018.
  24. ^Zahle, J, "Methodological Holism in the Social Sciences", The Stanford Encyclopedia of Philosophy (Summer 2016 Edition), Edward N. Zalta (ed.), URL =https://plato.stanford.edu/archives/sum2016/entries/holism-social/.
  25. ^Durkheim, E. (1951) Suicide: a study in sociology. Trans. J. A. Spaulding & G. Simpson. London. Routledge. (2nd. ed. 2002)
  26. ^Berger, Peter; Luckman, Thomas (1966).The Social Construction Of Reality.Random House.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Sui_generis&oldid=1257326158"