Legal Protection Of The Manifestations Of Individual Personality

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Legal Protection Of The Manifestations Of Individual Personality

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Author : Priscilla L. Rider
language : en
Publisher:
Release Date : 1959

Legal Protection Of The Manifestations Of Individual Personality written by Priscilla L. Rider and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Individuality categories.

Legal Personality In International Law

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Author : Roland Portmann
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-26

Legal Personality In International Law written by Roland Portmann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-26 with Law categories.

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

The Legal Protection Of Personality Rights

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Author : Ken Oliphant
language : en
Publisher: BRILL
Release Date : 2018-03-06

The Legal Protection Of Personality Rights written by Ken Oliphant and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-06 with Law categories.

This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community.

The International Legal Personality Of The Individual

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Author : Astrid Kjeldgaard-Pedersen
language : en
Publisher: Oxford University Press
Release Date : 2018-08-09

The International Legal Personality Of The Individual written by Astrid Kjeldgaard-Pedersen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-09 with Law categories.

This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.

The Legal Protection Of Personality Rights

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Author : Ken Oliphant
language : en
Publisher:
Release Date : 2019

The Legal Protection Of Personality Rights written by Ken Oliphant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.

This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights - the right to life, the right to health, and the rights to reputation and privacy - into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients' personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.

Beyond Human Rights

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Author : Anne Peters
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-27

Beyond Human Rights written by Anne Peters and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Rights Of Personality In Scots Law

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Author : Niall Whitty
language : en
Publisher: Edinburgh University Press
Release Date : 2014-02-08

Rights Of Personality In Scots Law written by Niall Whitty and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-08 with Law categories.

Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.

Personality Rights In European Tort Law

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Author : Gert Brüggemeier
language : en
Publisher: Cambridge University Press
Release Date : 2010-04-15

Personality Rights In European Tort Law written by Gert Brüggemeier and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-15 with Law categories.

This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.

Data

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Author : Robert Herian
language : en
Publisher: Routledge
Release Date : 2021-03-31

Data written by Robert Herian and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-31 with Business & Economics categories.

This book explores the phenomenon of data – big and small – in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the ‘personal’ in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book’s concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.

Personal Freedom Through Human Rights Law

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Author : Jill Marshall
language : en
Publisher: BRILL
Release Date : 2008-11-30

Personal Freedom Through Human Rights Law written by Jill Marshall and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-30 with Law categories.

Article 8 of the European Convention on Human Rights provides a right to respect for one’s private life. The European Court of Human Rights has interpreted this provision broadly to include a right to personal autonomy, identity and integrity. The book examines these concepts by interconnecting case law from the Court with the philosophical debates, including those in feminism, in four parts: (1) personal freedom and human rights law (2) privacy and personal autonomy (3) personal identity (4) bodily and moral integrity. The author notes, through her analysis of the Court’s case law, that different versions of freedom are evident in the jurisprudence, including one which may restrict human freedom rather than enhance it through human rights law. This book will be invaluable to scholars of the Court, human rights and issues of the self.