RIGHTS OF PERSONALITY IN SCOTS LAW: A COMPARATIVE PERSPECTIVE. Ed by Niall R Whitty and Reinhard Zimmermann Dundee: Dundee University Press, 2009. lxvi + 614 pp. ISBN 9781845860271. £50.
| Author | Gillian Black |
| DOI | 10.3366/elr.2010.0322 |
| Published date | 01 September 2010 |
| Date | 01 September 2010 |
| Pages | 541-543 |
For those who attended the Rights of Personality conference at the University of Strathclyde in May 2006, this edited collection of the conference papers has been eagerly awaited.
While personality rights are a familiar legal concept to civilian lawyers, they have no obvious home in Common Law jurisdictions and, despite its mixed heritage, Scots law is generally perceived as falling within the latter camp with respect to such rights. Chapter 1 therefore provides an essential introduction to the issues surrounding personality rights in Scots law, including a definition: “[i]t is commonly said that rights of personality protect the non-patrimonial or dignitary aspects of the human person – who a person is rather than what a person has” (3). Chapter 1 also sets out the aim of the collection, to consider how best to develop personality rights in Scots law. This is most urgently required in the case of the right to privacy, where the gap in Scots law is now revealed by the need to meet our obligations under the European Convention on Human Rights as implemented by the Human Rights Act 1998. While English law has rapidly built up a body of case law on privacy in the decade since the Human Rights Act entered into force, Scots law has seen considerably less civil litigation. With the dearth of litigation comes the...
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