Moral Right in UK Law
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M'Alister or Donoghue (Pauper) v Stevenson
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You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.
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Patrick Reyes v The Queen
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A generous and purposive interpretation is to be given to constitutional provisions protecting human rights. The court has no licence to read its own predilections and moral values into the constitution, but it is required to consider the substance of the fundamental right at issue and ensure contemporary protection of that right in the light of evolving standards of decency that mark the progress of a maturing society (see Trop v Dulles, above, at 101).
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D (A Child) (Abduction: Rights of custody); Re
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But there is now a growing understanding of the importance of listening to the children involved in children's cases. It is the child, more than anyone else, who will have to live with what the court decides. Those who do listen to children understand that they often have a point of view which is quite distinct from that of the person looking after them. They are quite capable of being moral actors in their own right.
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R (Razgar) v Secretary of State for the Home Department
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Bensaid is important for its statements of principle about the potential applicability of Article 8 in the context of mental health: the stress that the court placed on mental health as a crucial part of private life, associated with the aspect of moral integrity and on the preservation of mental stability as an indispensable precondition to effective enjoyment of the right to respect for private life.
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R (Pretty) v DPP
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The subject of euthanasia and assisted suicide have been deeply controversial long before the adoption of the Universal Declaration of Human Rights in 1948, which was followed two years later by the European Convention on Human Rights and Freedoms (1950). But it is of great importance to note that these are ancient questions on which millions in the past have taken diametrically opposite views and still do.
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Attorney General v Guardian Newspapers Ltd and Others (No. 2)
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This involves the judge in balancing the public interest in upholding the right to confidence, which is based on the moral principles of loyalty and fair dealing, against some other public interest that will be served by the publication of the confidential material.
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McFarlane v Tayside Health Board
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My Lords, to explain decisions denying a remedy for the cost of bringing up an unwanted child by saying that there is no loss, no foreseeable loss, no causative link or no ground reasonable restitution is to resort to unrealistic and formalistic propositions which mask the real reasons for the decisions. But judges' sense of the moral answer to a question, or the justice of the case, has been one of the great shaping forces of the common law.
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Copyright, Designs and Patents Act 1988
... ... rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make ... of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the ... ...
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The Copyright and Duration of Rights in Performances Regulations 2013
... ... Rights in Performances ... Right to equitable remuneration for exploitation of sound recording Right to ... (3) References in those provisions to “moral rights” are to the rights conferred by Chapter IV of Part I of the Act ... ...
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Children and Young Persons Act 1933
... ... as follows:— ... Prevention of Cruelty and Exposure to Moral and Physical Danger. Part I ... Prevention of Cruelty and Exposure to ... affecting the right of any parent, teacher, or other person ... having the lawful control or ... ...
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Arbitration (International Investment Disputes) Act 1966
... ... ) Persons designated to serve on the Panels shall be persons of high moral character and recognized competence in the fields of law, commerce, ... of a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder of that members ... ...
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The Honour of the Dead – the Moral Right of Integrity Post-Mortem
Can the honour of the dead be prejudiced? There is much philosophical debate about whether the dead can, or should, enjoy legal rights. Australia, like many jurisdictions, has apparently bypassed t...
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The moral significance of the internet in information: Reflections on a fundamental moral right to information
I consider the foundational issue of whether we have a right to information that is fundamental in being independent of other rights and general in protecting all information. To this end, I distin...
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Moral Rights, Human Rights and Social Recognition
This article examines the thesis that rights are always and only conventional rights. It identifies two versions of the conventionalist thesis by distinguishing how each understands a moral right. ...... ... It identifies two versions of the conventionalist thesis by distinguishing how each understands a moral right.On one view, a moral right describes a conventional right that ought to exist, irrespectiv e of whether it actually exists; on the other view , a ... ...
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Ethical Uncertainties of Nationalism
This article asks whether there is a moral right to national self-determination. The partiality argument as a basis for discussing the moral right to self-determination confuses nation and national...... ... The Right to Power at SAGE Publications on December 7, 2012 jpr.sagepub.com ... Moral Ambiguity at SAGE Publications on December 7, 2012 jpr.sagepub.com ... ...
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Does AI Generated Work Give Rise to a Copyright Claim?
The right to intellectual property protection in “Artificial Intelligence” generated work gives rise to numerous legal, economic and moral issues....The right to intellectual property protection in “Artificial Intelligence” ated work gives rise to numerous legal, economic and moral issues. “Artificial Intelligence” (AI) is a comprehensive term used to ... ...
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Another Look At Ownership Of IP Rights In Employees' Work
... ... The belief in question was "the statutory human or moral right to own the copyright and moral rights of her own creative works and ... ...
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The Danger Of Using Your Name As A Trade Mark
... ... dress has only recently reclaimed the right to design under her own ... name after a 25 year-long legal battle ... SITUATION? ... In the UK, the law provides for a moral right of attribution in relation to ... works protected by copyright ... ...
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The Danger Of Using Your Name As A Trade Mark
... ... dress has only recently reclaimed the right to design under her own ... name after a 25 year-long legal battle ... SITUATION? ... In the UK, the law provides for a moral right of attribution in relation to ... works protected by copyright ... ...