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Sui generis (/ˌsuːaɪ ˈdʒɛnərɪs/; Template:IPA-la) is a Latin expression, literally meaning "of its own kind/genus" or unique in its characteristics. 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.

Biology

In the taxonomical structure "genus → Species= Genus + specific epithet.", 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 Homo genus) is not necessarily sui generis: extinction processes may have eliminated any number of species for which the genus was created.

Law

In law, it is a term of art 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. 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 referring to case citations and authorities, lawyers and judges may refer to an authority cited as being sui generis, meaning, in that context, it is one confined (or special) to its own facts, and therefore may not be of broader application. This is also the modern view courts are holding when deciding judgments based on oil and gas leases.

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, 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 Use Classes Order 1987) include embassies, theatres, amusement arcades, laundrettes, taxi or vehicle hire businesses, petrol filling stations, scrapyards, nightclubs, motor car showrooms, retail warehouses, clubs and hostels. 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.

Aboriginal law and education

The term has been used in the context of Canadian aboriginal law to describe the nature of aboriginal title, established by R. v. Guerin. 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". The motto "Sui Generis" has been adopted by the Akitsiraq Law School 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.

Intellectual property law

Generally speaking, protection for intellectual property is extended to matter depending upon its characteristics. The main types of intellectual property law -- copyrights, patents, and trademarks -- 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 mask works, ship hull designs, fashion designs in France, databases, or plant varieties.

The United States, Japan, and many EU countries protect the topography of semiconductor chips and integrated circuits under sui generis laws, some of whose aspects are borrowed from patent or copyright law. The U.S. law known as the Semiconductor Chip Protection Act of 1984 is codified at 17 U.S.C. §§ 901-915.

References

1. "sui generis". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)
2. Dictionary.com "Word of the day" 2001-06-14 accessed 2007-10-14
3. See Dunway v. New York,442 U.S. 200 (1979).
4. See In re Marriage of Betts, 558 N.E.2d 404, 200 Ill.App.3d 26 (1990).
5. See Matter of State Tax Commn. v. Shor, 43 NY2d 151, 400 N.Y.S.2d 805, 371 N.E.2d 523 (1977).
6. (Hampton, E. (p. 10-11) in Battiste & Barman (Eds.). First Nations Education in Canada: The Circle Unfolds. UBC Press, 1995)

• Ill-formatted IPAc-en transclusions
• Latin legal terms