fatale: The taphonomic fate of human remains in mass disasters.
However, Holt attached to her motion to remand an affidavit from her attorney, Brenda Page, stating that Page had filed an amended complaint reducing the ad damnum
to $74,000 and that Page would not seek to increase it above $74,000 if the case were remanded.
As such, this type of measured reciprocal and non-escalatory retaliation can be described by the Latin words: Ad quod damnum
or ad damnum
which means "according to the harm" or "appropriate to the harm" since, based on the iron law of reciprocity in international relations and law, states can't claim a right to kill or torture that they then deny their worst enemies.
at 520-21 ("Whatever it could do and would have done for its own use and benefit, and was so done, was, so far as the land-owner is concerned, damnum
absque injuria, no matter who bore the expense; or perhaps more correctly, it was damages already paid for.").
but the harm that results from legal violations (damnum
, or factual
nec vero alius eiusdem artis ab alio coeptum perficereprohibeatur, quod contra aedificatores ausos fuisse scimus ergolabos artices, quin neque ipsi ad finemperducerent fabricari a se coepta, neque ab aliis eadem opera consummari concederent, sedintolerableinde damnum
iisinferre operam darent, qui domos exstmere, parant...
The argument in favor of this position does not rest on any distinctive First Amendment doctrine, but follows from the standard common (and Roman) law view that certain forms of harm must be regarded as damnum
absque injuria, literally harm (damnum
) without legal injury (absque injuria).