Law, School of
The School of Law at the University of Edinburgh largest Law School in Scotland. It is unrivalled in its range of undergraduate courses, and internationally renowned as a centre of excellence in research.
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Subsidiarity of unjust enrichment: Anglo-Franco-Scots perspectives
(The University of Edinburgh, 2019-07-09)This thesis examines the supposed subsidiarity of unjust enrichment in English, French (ie, of the action de in rem verso, in the category of quasi-contracts), and Scots law. Its central argument is that the relations ... -
Overlapping norms in the EU legal order
(The University of Edinburgh, 2019-07-09)In this thesis I draw attention to ‘overlapping norms’ as a distinct feature of EU law, show why EU lawyers should be concerned about how they inter-relate, and make the case for clearly articulated and consistently ... -
Privity and exceptions to privity in Scots Private Law: a new taxonomy
(The University of Edinburgh, 2019-07-09)The doctrine of privity of contract broadly provides that a contract should neither benefit nor burden parties external to the contract. This thesis can be divided into two parts: the first on privity itself, and the ... -
Clinical trials, consent, and context: the Indian experience
(The University of Edinburgh, 2019-07-09)This thesis shows how the perceptions of practitioners and other stakeholders in clinical research in India differ from how informed consent appears in the academic literature and the regulatory framework. My empirical ... -
Carceral territory: experiences of electronic monitoring practices in Scotland
(The University of Edinburgh, 2019-07-09)Arguably we speak now of living in a ‘carceral age’ more so than ever before. Yet how does this carcerality manifest directly into individual lives on the outside of carceral spaces? If the carceral should not be solely ... -
Problems and solutions of change in conceptions of the rule of law in the seventeenth century: evolution or revolution?
(The University of Edinburgh, 2019-07-09)The Rule of Law is one of the most important, and most contested, political concepts. The ideas of thinkers—who are frequently taken to be responsible for canonical statements relating to the Rule of Law—are frequently ... -
Child-widows silenced and unheard: a neglected human rights agenda in Tanzania
(The University of Edinburgh, 2006)It is commonly assumed that widows are adult women; hence, there has been a lack of research on violations of child-widows' inheritance rights. This study explores the circumstances under which the girl-child encounters ... -
Dynamic interpretation in Negligence Law
(The University of Edinburgh, 2001)The present study aims at an explanation of dynamic interpretation in negligence law. It is argued that the development of negligence law is dynamic on the grounds that it has to incorporate tentative social presumptions, ... -
The economic rationality of violence: a socio-legal analysis of organised violence in Aztec and conquest Mexico
(The University of Edinburgh, 1985)In this thesis, the ways in which organised violence functioned as an economic power in two historical periods - Aztec and Conquest Mexico - are discussed. The fundamental socio- economic characteristics of the Aztec and ... -
Solidarity and correality
(The University of Edinburgh, 1923)This volume represents the first of a series of studies which , it is hoped, will eventually embrace a considerable portion of Roman law. I propose shortly to publish a monograph entitled 'General Observations oft the ... -
Comparison between the divorce law of the British Commonwealth, U.S.A., and certain continental systems of law, with particular regard to the execution of foreign judgments
(The University of Edinburgh, 1941)The purpose of this thesis is to-treat of the general principles and doctrines of the law on divorce which prevail in the Anglo- American common law units and in certain continental systems of law, the French, Austrian ... -
The development of the law in relation to aircraft
(The University of Edinburgh, 1935)I have now completed that which I set out to do, namely, to show how the law in relation to aircraft has developed from the time of its inception to the present day. The period covered has been short, less than fifty ... -
Deconstructing and reconstructing 'best interests': deciding for legally incompetent patients
(The University of Edinburgh, 2003)'Best interests' is a panacea within medico-legal decisions for incapacitated patients. Its scope is extensive and its range of application situationally diverse, yet the meaning of best interests remains relatively ... -
Aspects of the Scots international private law of property: towards a coherent general theory of choice of law
(The University of Edinburgh, 1994)Selected issues in the Scots international private law of sale, securities and insolvency are considered, with a view to establishing a tentative general theory of choice of law relative thereto, which could in turn be ... -
Diversity in online music: a European Union debate on cultural diversity and the collective management of authors’ rights
(The University of Edinburgh, 2017-07-06)facilitated the licensing of music to the benefits of right holders and commercial users alike. In the online realm, however, the rationale of the collective administration of copyright has been challenged and its ... -
Diplomatic immunities ratione materiae under the Vienna Convention on Diplomatic Relations: towards a coherent interpretation
(The University of Edinburgh, 2018-11-28)Rules of diplomatic immunity, which nowadays are enshrined in the Vienna Convention on Diplomatic Relations, play an important role in interstate diplomacy because they ensure the efficient performance of diplomatic ... -
Data protection in the age of Big Data: legal challenges and responses in the context of online behavioural advertising
(The University of Edinburgh, 2018-11-28)This thesis addresses the question of how data protection law should respond to the challenges arising from the ever-increasing prevalence of big data. The investigation is conducted with the case study of online ... -
UK Paediatricians’ medical decision-making for severely disabled children: a socio-legal analysis
(The University of Edinburgh, 2018-11-28)This thesis aims to illuminate how paediatricians in the United Kingdom (UK) make difficult medical decisions when treating severely disabled children with complex health conditions. In particular, it examines the part ... -
Essay on barony titles
(The University of Edinburgh, 1935)In 1285 the Scottish Parliament at Scone put an end to the 30 -year old controversy as to the Earldom of Menteith by deciding that the earldom should remain with Walter Stewart and that half of the lands should be erected ... -
Seller's duties in sale of goods: a comparative approach
(The University of Edinburgh, 1999)The purpose of this thesis is to discuss and compare a seller's duties with respect to delivery and quality of the goods sold under specified national systems namely English, United States (US), French and Iranian law ...
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