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{{short description|Latin phrase meaning in its own class}} | |||
{{about||the Argentine rock band|Sui Generis|other uses}} | |||
{{Other uses|Sui Generis (disambiguation)}} | |||
'''''Sui generis''''' ({{IPAc-en|icon|ˌ|s|uː|aɪ|_|ˈ|dʒ|ɛ|n|ər|ɪ|s}};<ref>{{OED|sui generis}}</ref> {{IPA-la|ˈsʊ.iː ˈɡɛnɛrɪs|lang}}) is a ] expression, literally meaning "of its own kind/]" or unique in its characteristics.<ref>Dictionary.com "Word of the day" 2001-06-14 accessed 2007-10-14</ref> The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept. | |||
{{Italic title}} | |||
{{Use dmy dates|date=August 2014}} | |||
{{Wiktionary}} | |||
{{wikiquote}} | |||
'''{{lang|la|Sui generis}}''' ({{IPAc-en|ˌ|s|uː|i|_|ˈ|dʒ|ɛ|n|ər|ᵻ|s}} {{respell|SOO|ee|_|JEN|ər|iss}},<ref>{{OED|sui generis}}</ref> {{IPA|la-x-classic|ˈsʊ.iː ˈɡɛnɛrɪs|lang|link=yes}}) is a ] phrase that means "of its/their own kind" or "in a class by itself", therefore "unique".<ref name="Berlitz">{{cite book |last1=Mawson |first1=C. O. Sylvester |title=Dictionary of Foreign Terms |chapter=sui generis |edition=2 |location=New York |publisher=Thomas Y. Crowell Company |year=1975 |page= |isbn=0-690-00171-1 |chapter-url-access=registration |chapter-url=https://archive.org/details/dictionaryoffore00maws/page/328 }}</ref> | |||
Several disciplines use the term to refer to unique entities. These include: | |||
* Biology, for ] that do not fit into a genus that includes other species<ref>{{Cite journal|last=Bentham|first=George|date=1880|title=Notes on Euphorbiaceæ|url=https://books.google.com/books?id=JdBOAQAAMAAJ&q=single+species+in+an+entire+genus%2C+Sui+generis&pg=PA225|journal=Journal of the Linnean Society, Botany|volume=17|pages=225|via=Google}}</ref> (its own ]) | |||
* Creative arts, for artistic works that go beyond conventional genre boundaries (its own ]) | |||
* Law, when a special and unique interpretation of a case or authority is necessary (its own ]) | |||
** 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 own ]) | |||
==Biology== | ==Biology== | ||
{{unreferenced section|date=July 2017}} | |||
In the ] structure "'']'' → '']''", a species is described as ''sui generis'' if its genus was created to classify it (i.e. its exceptional uniqueness at the time of classification necessitated the creation of a new genus, the sole member of which was initially the ''sui generis'' species). A species that is the lone extant member of its genus (e.g. the '']'' genus) is not necessarily ''sui generis'': extinction processes may have eliminated any number of species for which the genus was created. | |||
In the ] structure "] → ]", a species is described as {{lang|la|sui generis}} if 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 the {{lang|la|sui generis}} species). A species that is the sole ''extant'' member of its genus (e.g., the genus '']'') is not necessarily {{lang|la|sui generis}}; extinctions may have eliminated other congeneric species. A ''sui generis'' genus may also be called a ]. | |||
==Creative arts== | |||
A book, movie, television series, or other artistic creation is called {{lang|la|sui generis}} when it does not fit into standard genre boundaries. Movie critic Richard Schickel identifies'' ]'' as a {{lang|la|sui generis}} movie.<ref>{{cite news|title=''Joe Versus the Volcano'', 1990, John Patrick Shanley, U.S. |url= http://www.time.com/time/specials/packages/article/0,28804,1953094_1953151_1954835,00.html |archive-url= https://web.archive.org/web/20100312052440/http://www.time.com/time/specials/packages/article/0,28804,1953094_1953151_1954835,00.html |url-status= dead |archive-date= 12 March 2010 |work= Guilty Pleasures| publisher= ] |first=Richard |last= Schickel| author-link= Richard Schickel|date= February 12, 2005 |access-date=2011-08-11}}</ref> Film critic Michael Brooke used the term to describe '']'', a 1973 Franco-Czech sci-fi animated film directed by ].<ref>{{cite web|title=''Fantastic Planet'': Gambous Amalga|last=Brooke|first=Michael|url=https://www.criterion.com/current/posts/4112-fantastic-planet-gambous-amalga|website=criterion.com|publisher=The Criterion Collection|access-date=September 15, 2016}}</ref> | |||
==Law== | ==Law== | ||
In ], it is a ] used to identify a legal classification that exists independently of other categorizations because of its singularity or due to the specific creation of an entitlement or obligation.<ref>See ''Dunway v. New York'',442 U.S. 200 (1979).</ref> |
In ], it is a ] used 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.<ref>See ''Dunway v. New York'',442 U.S. 200 (1979).</ref> For example, a court's contempt powers arise'' sui generis'' and not from statute or rule.<ref>See ''In re Marriage of Betts'', 558 N.E.2d 404, 200 Ill.App.3d 26 (1990).</ref> The ] has used the term in describing cooperative apartment corporations, mostly because this form of housing is considered ] for some purposes and ] for other purposes.<ref>See ''Matter of State Tax Commn. v. Shor'', 43 NY2d 151, 400 N.Y.S.2d 805, 371 N.E.2d 523 (1977).</ref> | ||
When |
When citing cases and other authorities, lawyers and judges may refer to "a {{lang|la|sui generis}} case", or "a {{lang|la|sui generis}} authority", meaning it is a special one confined to ''its own'' facts and, therefore, may not be of broader application. | ||
===Intellectual property law=== | |||
===Statutory=== | |||
Generally speaking, protection for ] extends to intellectual creations to incentivize innovation and depends upon the nature of the work and its ''characteristics''.{{citation needed|date=October 2013}} The main types of intellectual property law are: ], which protects creative works; ], which protects invention; ], which protects information not generally known or readily ascertainable that is valuable to the secret holder; and ], which protects branding and other exclusive properties of products and services. Any matter that meets these criteria can be protected. | |||
In ], 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 ], a statute might require a '']'' 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. | |||
{{lang|la|Sui generis}} statutes exist in many countries that extend intellectual property protection to matter that does not meet characteristic definitions. For example, ], ], ]s in France, ], and ] require {{lang|la|sui generis}} statutes because of their unique characteristics. The United States, Japan, Australia, and many EU countries protect the topography of semiconductor chips and ] under ''sui generis'' laws, which borrow some aspects from patent or copyright law. In the U.S., this {{lang|la|sui generis}} law is known as the ]. | |||
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 ] even though the list is disjunctive (X 'or' Y) because, otherwise, no overall interpretation of the law in question would make sense. | |||
=== |
===Statutory law=== | ||
{{+rs|date=March 2016}} | |||
In ] ] law, many common types of land use are classified in "Use Classes". Change of use of land within a Use Class does not require planning permission; however, changing between certain Use Classes requires planning permission. Examples of ''sui generis'' use (identified in the ]) include embassies, ]s, ] arcades, ]s, ] or ] businesses, ], ]s, ]s, ], retail warehouses, clubs and ]s.{{Citation needed|date=August 2008}} The common misconception, even amongst qualified and experienced town planners, that the change of use from an existing use to one which is ''sui generis'' always requires planning permission is not correct. Although this is often the case, permission is only required if the ''sui generis'' use is materially different from the existing one. This will be a matter of fact and degree, and professional opinion. | |||
In ], ''sui generis'' refers 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 ambiguous ''per se'' but 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 defined ''sui generis''. | |||
===Aboriginal law and education=== | |||
The term has been used in the context of ] to describe the nature of ], established by ]. ''Sui generis'' is also used in aboriginal education to describe the work of Aboriginal people to define and create contemporary aboriginal education as a "thing of its own kind". <ref>(Hampton, E. (p. 10-11) in Battiste & Barman (Eds.). ''First Nations Education in Canada: The Circle Unfolds''. UBC Press, 1995)</ref> The motto "Sui Generis" has been adopted by the ] both in honour of the defining characteristic of aboriginal title in Canadian Law, and in acknowledgment of the unique form, admissions and curriculum of this one-of-a-kind professional legal education. | |||
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".<ref>{{cite web | url=https://govt.westlaw.com/azrules/Document/N2EC12DE03E3E11EDA13DAA05478457BE?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) | title=A.R.S. Sup.Ct.Rules, Rule 36, Effective: January 1, 2023}}</ref> | |||
===Intellectual property law=== | |||
===Town planning law=== | |||
Generally speaking, protection for ] is extended to matter depending upon its characteristics. The main types of intellectual property law -- ], ], and ] -- define characteristics, and any matter that meets such criteria is extended protection. However, statutes exist in many countries that extend IP-type protection to matter that does not meet traditional definitions of protected intellectual property, such as intellectual property rights in ]s, ]s, ] in France, ], or ]. | |||
In ], in particular, relating to the ], 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 is {{lang|la|sui generis}}. | |||
Examples of {{lang|la|sui generis}} uses include ], ]s, ]s, ]s, ] or ] businesses, ], ]s, ]s, ], retail warehouses, clubs and ]s.<ref>{{Cite web |title=Use Classes - Change of use - Planning Portal |url=https://www.planningportal.co.uk/permission/common-projects/change-of-use/use-classes/ |access-date=2024-04-26 |website=www.planningportal.co.uk}}</ref> | |||
The United States, Japan, and many EU countries protect the topography of semiconductor chips and ] under ''sui generis'' laws, some of whose aspects are borrowed from patent or copyright law. The U.S. law known as the ] is codified at 17 U.S.C. §§ 901-915. | |||
As of 1 September 2020 following the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020,<ref>{{Cite web |title=Use Classes - Change of use - Planning Portal |url=https://www.planningportal.co.uk/permission/common-projects/change-of-use/use-classes/ |access-date=2022-04-19 |website=www.planningportal.co.uk}}</ref> the following uses were added as sui generis:<ref>{{Cite web |title=Sui Generis Use Class Explained |url=https://www.restaurant-property.co.uk/blog/sui-generis-use-class-explained/ |access-date=2022-04-19 |website=Restaurant Property |language=en}}</ref> | |||
* 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 appropriate ''sui generis'' change of use planning permission is granted to those premises to ensure those businesses cannot trade lawfully without the relevant planning consent. | |||
=== International law === | |||
When applied to international law, "{{lang|la|sui generis}}" refers to situations which are distinct and thus not easily categorized under existing legal frameworks or conventions. {{lang|la|Sui generis}} in 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 generis'' systems 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 of {{lang|la|sui generis}} legal regimes can sometimes make them challenging to interpret, enforce, or harmonize with existing legal frameworks.<ref>Gallagher AT. The International Legal Framework. In: ''The International Law of Human Trafficking''. Cambridge University Press; 2010:54-143.</ref> | |||
==Philosophy== | |||
] often uses the expression to indicate an idea, an ], or a reality that cannot be reduced to a lower ] or included in a higher concept. ], for example, refuted reductive ] in moral theories like ] by 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's ].<ref>{{Cite book|url=https://plato.stanford.edu/archives/sum2021/entries/moore-moral/|title=The Stanford Encyclopedia of Philosophy|editor-first=Edward N.|editor-last=Zalta|date=26 April 2021|publisher=Metaphysics Research Lab, Stanford University|via=Stanford Encyclopedia of Philosophy}}</ref><ref name=uslegal>{{cite web|title=Sui Generis Law and Legal Definition|url=https://definitions.uslegal.com/s/sui-generis/ |access-date=2 January 2020}}</ref> | |||
==Politics and society== | |||
In ], the unparalleled development of the ] as compared with other ] has led to its designation as a {{lang|la|sui generis}} ] entity. The legal nature of the EU is widely debated because its mixture of ] and ] elements causes it to share characteristics with both ] and ] entities. It is generally considered more than a confederation but less than a federation,<ref>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.</ref> 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.<ref>{{cite journal|last1=Phelan|first1=William|title=What Is ''Sui Generis'' About the European Union? Costly International Cooperation in a Self-Contained Regime|journal=International Studies Review|date=2012|volume=14|issue=3|pages=367–385|doi=10.1111/j.1468-2486.2012.01136.x}}</ref> | |||
A similar case that led to the use of the label {{lang|la|sui generis}} is the relationship of ] relative to France because the legal status of New Caledonia can aptly be said to lie somewhere between a French ] and a ]. Although other examples of such status for further ] or ] territories may exist, this arrangement is unique within the French realm. | |||
The ] is also described as a {{lang|la|sui generis}} entity possessing an international personality. The ] has likewise been described as a "{{lang|la|sui generis}} primary subject of public international law".<ref>{{Citation|last1=Bátora|first1=Jozef|title=The Sovereign Military Order of Malta: Extraordinary Resilience Meets Chance|date=2014|url=https://doi.org/10.1057/9781137314697_6|work=Fringe Players and the Diplomatic Order: The “New” Heteronomy|pages=112–137|editor-last=Bátora|editor-first=Jozef|series=Studies in Diplomacy and International Relations|place=London|publisher=Palgrave Macmillan UK|language=en|doi=10.1057/9781137314697_6|isbn=978-1-137-31469-7|access-date=2021-12-14|last2=Hynek|first2=Nik|editor2-last=Hynek|editor2-first=Nik}}</ref> Another entity widely considered to have ''sui generis'' international legal personality is the ].<ref>{{Cite journal|last=Torreblanca|first=Godofredo|date=2013-02-28|title=The International Committee of the Red Cross and human rights law|url=https://www.elgaronline.com/view/edcoll/9781849800358/9781849800358.00036.xml|journal=Research Handbook on Human Rights and Humanitarian Law|pages=540–569 |language=en-US|doi=10.4337/9781781006078.00036|isbn=978-1-78100-607-8 }}</ref> | |||
In local government, a {{lang|la|sui generis}} entity does not fit with a country's general scheme of local governance. For example, in England, the ] and the ] are the two ''sui generis'' localities, 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, ] said "say that I am ''sui generus'', and let it go at that".<ref>Oxford Dictionary of Quotations, Oxford University Press, Oxford and New York, 1999, page 473, quoted from T. Harry Williams' ''Huey Long'' (1969)</ref> | |||
The ] in ] is a {{lang|la|sui generis}} council of municipalities in the east of the country that was formed after the ] and ] mission 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.<ref name="ZVO1">{{cite web|url=https://snv.hr/institucije/zajednicko-vece-opstina|title=Zajedničko veće opština|publisher=]|access-date=19 February 2018}}</ref><ref name="ZVO2">{{cite web|url=http://radio-borovo.hr/2017/07/29/konstituisan-6-saziv-zajednickog-veca-opstina-novi-predsednik-srdan-jeremic-iz-borova/|title=Konstituisan 6.saziv Zajedničkog veća opština – novi predsednik Srđan Jeremić iz Borova|publisher=]|access-date=19 February 2018|date=29 July 2017}}</ref><ref name="ZVO3">{{cite web|url=https://www.portalnovosti.com/dragana-jeckov-vraticemo-ukradeni-mandat|title=Дрaгaнa Jeцкoв: Врaтићeмo укрaдeни мандат|publisher=]|access-date=19 February 2018}}</ref> | |||
=== Sociology === | |||
In sociology, methodological holists argue that ] exist in their own right (sui generis) and are not reducible to the actions of individuals.<ref>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/.</ref> For example, ] argued that the ] was a social phenomenon sui generis (existing over and above the actions of individuals)<ref>Durkheim, E. (1951) Suicide: a study in sociology. Trans. J. A. Spaulding & G. Simpson. London. Routledge. (2nd. ed. 2002)</ref> In a ] perspective, "{{lang|la|sui generis}} is 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 are ''sui generis'' for they exist in society and are widely accepted without thoughts of where they come from or how they were created.<ref name="berger">{{Cite book|title = ]|last1 = Berger|first1 = Peter|publisher = Random House|year = 1966|last2 = Luckman|first2 = Thomas}}</ref> | |||
==See also== | |||
* {{annotated link|Ad hoc|''Ad hoc''}} | |||
* {{annotated link|Language isolate|Language isolate}} | |||
* ] | |||
* {{annotated link|List of Latin legal terms}} | |||
* ], a word or term only found once within a language history or body of work | |||
* ], a sui generis collectivity of overseas France | |||
==References== | ==References== | ||
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{{Law}} | {{Law}} | ||
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Latest revision as of 10:52, 9 December 2024
Latin phrase meaning in its own class For other uses, see Sui Generis (disambiguation).
Sui generis (/ˌsuːi ˈdʒɛnərɪs/ SOO-ee JEN-ər-iss, Classical Latin: [ˈsʊ.iː ˈɡɛnɛrɪs]) is a Latin phrase that means "of its/their own kind" or "in a class by itself", therefore "unique".
Several disciplines use the term to refer to unique entities. These include:
- Biology, for species that do not fit into a genus that includes other species (its own genus)
- Creative arts, for artistic works that go beyond conventional genre boundaries (its own genre)
- Law, when a special and unique interpretation of a case or authority is necessary (its own special 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 own category)
Biology
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (July 2017) (Learn how and when to remove this message) |
In the taxonomical structure "genus → species", a species is described as sui generis if 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 the sui generis species). A species that is the sole extant member of its genus (e.g., the genus Homo) is not necessarily sui generis; extinctions may have eliminated other congeneric species. A sui generis genus may also be called a monotypic genus.
Creative arts
A book, movie, television series, or other artistic creation is called sui generis when it does not fit into standard genre boundaries. Movie critic Richard Schickel identifies Joe Versus the Volcano as a sui generis movie. Film critic Michael Brooke used the term to describe Fantastic Planet, a 1973 Franco-Czech sci-fi animated film directed by René Laloux.
Law
In law, it is a term of art used 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. For example, a court's contempt powers arise sui generis and not from statute or rule. The New York Court of Appeals has 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.
When citing cases and other authorities, lawyers and judges may refer to "a sui generis case", or "a sui generis authority", meaning it is a special one confined to its own facts and, therefore, may not be of broader application.
Intellectual property law
Generally speaking, protection for intellectual property extends to intellectual creations to incentivize innovation and depends upon the nature of the work and its characteristics. 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; and trademark, which protects branding and other exclusive properties of products and services. Any matter that meets these criteria can be protected.
Sui generis statutes 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 designs in France, databases, and plant varieties require sui generis statutes because of their unique characteristics. The United States, Japan, Australia, and many EU countries protect the topography of semiconductor chips and integrated circuits under sui generis laws, which borrow some aspects from patent or copyright law. In the U.S., this sui generis law is known as the Semiconductor Chip Protection Act of 1984.
Statutory law
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources in this section. Unsourced material may be challenged and removed. (March 2016) (Learn how and when to remove this message) |
In statutory interpretation, sui generis refers 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 ambiguous per se but 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 defined sui 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".
Town planning law
In town and country planning in the United Kingdom, in particular, relating to the Town 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 is sui generis.
Examples of sui generis uses include embassies, theatres, amusement arcades, laundrettes, taxi or vehicle hire businesses, petrol filling stations, scrapyards, nightclubs, motor car showrooms, retail warehouses, clubs and hostels. As of 1 September 2020 following the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, the following uses were added as sui generis:
- 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 appropriate sui generis change of use planning permission is granted to those premises to ensure those businesses cannot trade lawfully without the relevant planning consent.
International law
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 generis in 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 generis systems 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 of sui generis legal regimes can sometimes make them challenging to interpret, enforce, or harmonize with existing legal frameworks.
Philosophy
Analytic philosophy often uses the expression to indicate an idea, an entity, or a reality that cannot be reduced to a lower concept or included in a higher concept. G. E. Moore, for example, refuted reductive ethical naturalism in moral theories like utilitarianism by 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's open-question argument.
Politics and society
In political philosophy, the unparalleled development of the European Union as compared with other international organizations has led to its designation as a sui generis geopolitical entity. The legal nature of the EU is widely debated because its mixture of intergovernmental and supranational elements causes it to share characteristics with both confederal and federal entities. It is generally considered more than a confederation but less than a federation, 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.
A similar case that led to the use of the label sui generis is the relationship of New Caledonia relative to France because the legal status of New Caledonia can aptly be said to lie somewhere between a French overseas collectivity and a sovereign nation. Although other examples of such status for further dependent or disputed territories may exist, this arrangement is unique within the French realm.
The legal status of the Holy See is also described as a sui generis entity possessing an international personality. The Sovereign Military Order of Malta has likewise been described as a "sui generis primary subject of public international law". Another entity widely considered to have sui generis international legal personality is the International Committee of the Red Cross.
In local government, a sui generis entity does not fit with a country's general scheme of local governance. For example, in England, the City of London and the Isles of Scilly are the two sui generis localities, 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 Long said "say that I am sui generus, and let it go at that".
The Joint Council of Municipalities in Croatia is a sui generis council of municipalities in the east of the country that was formed after the Erdut Agreement and UNTAES mission 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.
Sociology
In sociology, methodological holists argue that social phenomena exist in their own right (sui generis) and are not reducible to the actions of individuals. For example, Emile Durkheim argued that the suicide rate was a social phenomenon sui generis (existing over and above the actions of individuals) In a social constructionist perspective, "sui generis is 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 are sui generis for they exist in society and are widely accepted without thoughts of where they come from or how they were created.
See also
- Ad hoc – Latin phrase signifying a solution meant to address one specific problem or task
- Language isolate – Language that has no demonstrable genetic relationship with other languages
- List of Latin phrases
- List of Latin legal terms – List of Latin terms used in legal terminology
- Hapax legomenon, a word or term only found once within a language history or body of work
- New Caledonia, a sui generis collectivity of overseas France
References
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