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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Digisprudence: the affordance of legitimacy in code-as-law
(The University of Edinburgh, 2019-11-23)This multidisciplinary thesis is located at the intersection of legal theory and design. It synthesises the practical question of how code regulates (using theories including James Gibson’s/Donald Norman’s affordance, ... -
Revisiting the behavioural patterns of enforcing courts reviewing foreign awards concerning strong public interests under Article V of the New York Convention 1958: from the perspective of foreign awards concerning EU competition law disputes
(The University of Edinburgh, 2019-11-23)International commercial arbitration has unquestionably become one of the most commonly used alternative dispute resolutions owing to the high degree of reliable enforceability of arbitral awards, now enshrined in the ... -
Quest for truth: unilateral measures within the climate change-trade nexus
(The University of Edinburgh, 2018-07-04)This thesis, without trying to forget legal philosophy and jurisprudence, analyses unilateral trade-affecting measures which might be applied by a state or region (e.g. the European Union) to support/promote climate ... -
Tripartite interaction in the community payback order
(The University of Edinburgh, 2019-07-09)The Scottish Community Payback Order (CPO) came into force in February 2011, and was envisaged as a sentence that combined punishment, reparation and personal change. However, research into the CPO has been limited, and ... -
Intentional infliction of mental harm
(The University of Edinburgh, 2019-07-09)The aim of this thesis is to deal with the liability elements of the delict or tort of intentional infliction of mental harm, or, more precisely, to explore questions arising from the three essential elements of the ... -
Cybercrime and everyday life: exploring public sensibilities towards the digital dimensions of crime and disorder
(The University of Edinburgh, 2019-07-09)The thesis provides a novel empirical criminological account of the way the public makes sense of and feels about cybercrime on the one hand, and how they go about managing cybersecurity in their everyday lives on the ... -
Inter-State cyber attacks and the State act element of the crime of aggression
(The University of Edinburgh, 2019-07-09)With the recent activation of the jurisdiction of the International Criminal Court (ICC) over the crime of aggression, the Court is finally in a position to begin hearing prosecutions of individuals for the most egregious ... -
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 ... -
Judicial review of safeguard measures in the European Community
(The University of Edinburgh, 1991)This thesis is an attempt to analyse the jurisprudence of the European Court of Justice in the review of safeguard measures in the European Community. The safeguard measures considered are the Community's anti-dumping ... -
Constitutional law
(The University of Edinburgh, 1964)THERE are both universal and local aspects of constitutional law. The rules may be local, but the problems are universal. The Declaration of Arbroath (from which the quotation on the title page is taken) emphasises both ... -
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 ... -
The legal status of the government employee: a comparitive study
(The University of Edinburgh, 1959)The main conclusions of this survey may he briefly re-stated thus: first, restrictions on conduct appear in a wide range of employment, public and private, and the justification for these is the public interest, ... -
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 ...
