Rights Of Personality In Scots Law
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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.
Publicity Rights And Image
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Author : Gillian Black
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-27
Publicity Rights And Image written by Gillian Black and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-27 with Law categories.
Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. The book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually incoherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus. The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests. This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy and intellectual property.
Neethling S Law Of Personality
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Author : J. Neethling
language : en
Publisher: Butterworth-Heinemann
Release Date : 1996
Neethling S Law Of Personality written by J. Neethling and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Personality Rights And Freedom Of Expression
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Author : Jonathan M. Burchell
language : en
Publisher: Juta and Company Ltd
Release Date : 1998
Personality Rights And Freedom Of Expression written by Jonathan M. Burchell and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Preface.
Human Rights And Scots Law
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Author :
language : en
Publisher:
Release Date : 2002
Human Rights And Scots Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Civil rights categories.
Iniuria And The Common Law
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Author : Eric Descheemaeker
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Iniuria And The Common Law written by Eric Descheemaeker and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
Private Law And Human Rights
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Author : Elspeth Reid
language : en
Publisher: Edinburgh University Press
Release Date : 2013-06-24
Private Law And Human Rights written by Elspeth Reid 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 2013-06-24 with Law categories.
A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.
Human Rights And Scots Law
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Author : Alan Boyle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-11-04
Human Rights And Scots Law written by Alan Boyle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11-04 with Law categories.
This book,written by a team of academics, judges and distinguished practitioners from the UK and abroad discusses the implications of the incorporation of the ECHR into Scots law. The contributors consider the impact of the Human Rights Act in light of the new constitutional settlement for Scotland and their experiences of other rights regimes in Europe, the Commonwealth, and the United States. The contributions span the fields of Private, Public, European Community and Comparative law and draw on human rights law and practice in the UK, the European Community, Canada, New Zealand, South Africa, the United States and Sweden, where the ECHR was recently incorporated. Topics include: analyses of the Human Rights Act and Scotland Act; human rights and the law of crime, property, employment, family and private life; Scottish court practice and procedure; Scots law and the European dimension; and building a rights culture in Scotland.
Media And Entertainment Law
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Author : Ursula Smartt
language : en
Publisher: Taylor & Francis
Release Date : 2011-04-19
Media And Entertainment Law written by Ursula Smartt and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-19 with Law categories.
Media and Entertainment Law presents a contemporary analysis of the law relating to the media and entertainment industry both in terms of its practical application and its theoretical framework. Looking at key aspects such as TV and radio broadcasting, the print press, the music industry, online news and entertainment and social networking sites, this textbook provides students with detailed coverage of the key principles, cases and legislation as well as a critical analysis of regulatory bodies such as the Press Complaints Commission and OFCOM. Media and Entertainment Law is also the first book to discuss superinjunctions and the phone-hacking scandal involving News of the World.
Human Rights In Scotland
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Author : Keith D. Ewing
language : en
Publisher:
Release Date : 2004
Human Rights In Scotland written by Keith D. Ewing and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The Mortgage (Rights) Scotland Act 2001 alters the law relating to property repossessions in Scotland. It gives the courts a discretionary power to refuse repossession orders where a secured lender wishes to recover property. This book gives an account of this legislation and its likely impact