Jump to ContentJump to Main Navigation

You are looking at 1-14 of 14 items

  • Keywords: personality rights x
Clear All Modify Search

View:

Overview of Rights of Personality in Scots Law

Niall R Whitty

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter 3 argues in favour of developing the actio iniuriarum, or delict of real or verbal injury, as a source of causes of action for infringement of all rights of personality, including the right ... More


Rights of Personality in Scots Law: Issues and Options

Niall R Whitty and Reinhard Zimmermann

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0001
Subject:
Law, Constitutional and Administrative Law

Chapter 1 introduces the issues raised by personality rights in Scots law defined as those rights which protect the non-patrimonial or dignitary aspects of the human person – who a person is rather ... More


Rights of Personality in Scots Law: A Comparative Perspective

Niall Whitty and Reinhard Zimmermann (eds)

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.001.0001
Subject:
Law, Constitutional and Administrative Law

This book considers topical issues relating to rights of privacy and other rights of personality in Scots private law in its unique historical and comparative context as Europe’s only “mixed” ... More


Personality Rights: A Study in Difference

Elspeth Christie Reid

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0023
Subject:
Law, Comparative Law

Over the past century, in both the Civil Law and the Common Law, the concept of ‘personality rights’ has evolved to encompass that bundle of rights which protects the integrity and inviolability of ... More


Protection of Personality Interests in Continental Europe: the Examples of France, Germany and Italy, and a European Perspective

Gert Brüggemeier

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0005
Subject:
Law, Constitutional and Administrative Law

Chapter 5 identifies two distinct but paradigmatic paths of the law of delict concerning the protection of personality interests in 19th- century and later continental Europe – the French law and the ... More


Protected Interests

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0007
Subject:
Law, EU Law

This chapter deals with protected interests in Europe, with emphasis on personality rights, particularly the protection of the right to privacy. Personality rights also include the right to family ... More


Impairment of Reputation, Dignity and Privacy

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0018
Subject:
Law, Comparative Law

This chapter focuses on the limitations of free speech made necessary by the law's role in protection the personality rights of individuals such as their right to reputation, dignity, and privacy. ... More


Germany

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0004
Subject:
Law, EU Law

In Germany, tort law is characterised by its systematic approach and its many subtle distinctions. Probably the most characteristic feature of German tort law is judge-made in order to fill lacunae ... More


Actio iniuriarum

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0031
Subject:
Law, Law of Obligations

This chapter deals with the actio iniuriarum or the infringements of personality rights. The first section sketches the early history of iniuria. As one of the requirements for the Aquilian ... More


Works and Data: Towards a Unitary Regulatory Framework

Maurizio Borghi and Stavroula Karapapa

in Copyright and Mass Digitization

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199664559
eISBN:
9780191758409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664559.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

The value of large repositories of digitized works resides primarily in the ‘bulk of data’ which is made available for automated processing. The ‘work’ as individual instance is no longer subject to ... More


The Rights of Authors

Darren Hudson Hick

in Artistic License: The Philosophical Problems of Copyright and Appropriation

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226460109
eISBN:
9780226460383
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226460383.003.0007
Subject:
Philosophy, Aesthetics

In this chapter, I consider the central theories proposed to ground the right of copyright: that copyright is an instrumental right, that it is a natural right, and that it is a “personality” right. ... More


A Hitchhiker’s Guide to Personality Rights in Scots Law, Mainly with Regard to Privacy

Hector L MacQueen

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0012
Subject:
Law, Constitutional and Administrative Law

Chapter 12 considers how far privacy-related statutes do or can afford guidance by analogy in developing the common law. The chapter is cautious about the actio iniuriarum as a model for Scots ... More


Personality Rights and English Law

Hazel Carty

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter 7 states that the English common law does not provide generalised rights against misappropriation of image or unfair competition. Claimants rely on a specific civil wrong such as the tort of ... More


Accommodating Difference

Zachary Kramer

in Outsiders: Why Difference is the Future of Civil Rights

Published in print:
2019
Published Online:
February 2019
ISBN:
9780190682743
eISBN:
9780190922948
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682743.003.0007
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This chapter argues that the future of civil rights is accommodation, letting people be themselves. Opening up, negotiating, finding common ground—accommodation offers a new way of thinking about ... More


View: