Law thesis and dissertation collection
Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.
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Recent Submissions
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Contested citizenship and statelessness in question: an anlysis of cases of overseas Taiwanese people and Tibetan exiles in Taiwan
(The University of Edinburgh, 2023-04-25)For years, overseas Taiwanese and Tibetan exiles have faced constant identity difficulties as a result of their contested citizenship. Citizenship is a complex status containing socio-legal meanings. It may denote a ... -
Eternity and the constitution: the promise and limits of eternity clauses
(The University of Edinburgh, 2016-06-30)This thesis sets out to investigate whether eternity clauses—unamendable provisions in constitutions—are democratic. It proceeds to answer this question in two parts. The thesis's first three chapters look at eternity ... -
Hate speech in the British press: a theoretical and practical assessment of the case for broader regulation
(The University of Edinburgh, 2023-03-15)This thesis is concerned with the justifiability of regulating hate speech disseminated by the British press. It explains why the narrow scope of current regulation is at odds with prominent theories of press freedom, ... -
Liberty Versus Security Under Illiberal Constitutionalism: The Legality of Criminalising Humanitarian Assistance in Hungary and Greece
(The University of Edinburgh, 2022-11-25)With the end of the Cold War and the apparent triumph of the liberal democratic order, the “end of history” had been famously proclaimed. Notwithstanding this definitive prognosis, the past fifteen years have shown a ... -
Operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device
(The University of Edinburgh, 2022-12-21)This thesis is fundamentally concerned with revealing the complex and nuanced interrelationship between collective and individual interests in health research, and the implications of this for optimising contemporary health ... -
Worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism
(The University of Edinburgh, 2022-12-15)This thesis examines the worldmaking powers of the law and of performances, two crucial sites/strategies of historical importance for LGBT and queer activists and artists. My focus is a particular rhetoric of LGBT rights ... -
Development of law of the sea by UNCLOS dispute settlement procedures: towards a coherent jurisprudence?
(The University of Edinburgh, 2022-11-28)The creation of the UNCLOS dispute settlement procedures is undoubtedly one of the most significant achievements in international dispute settlement. It crafted a unique system of compulsory jurisdiction that provides ... -
Evaluating the European Union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression?
(The University of Edinburgh, 2022-09-30)This project assesses the use of internet platform “content curation” tools as interferences with the right to expression when they are employed consistently with European Union (EU) regulations, to mitigate the ... -
Reconciling reverse burdens of proof with the presumption of innocence: a new approach
(The University of Edinburgh, 2022-09-21)Modern liberal democracies pride themselves on protecting certain fundamental rights for individuals. In the context of the criminal law, perhaps the most prominent is the right of accused persons to be presumed innocent ... -
Uses of Roman law in the construction of the concept of possession in the German-speaking countries in the nineteenth century
(The University of Edinburgh, 2022-09-06)In my thesis, I examine how German jurists, beginning with Carl Friedrich Savigny, at the dawn of the 19th century, to Rudolf von Jhering, towards the end of it, interpreted the Roman sources on possessio, thus, ... -
Paths of effectiveness, fairness and legitimacy for eliciting public confidence in policing and cooperation with the police in Monterrey metropolitan neighbourhoods
(The University of Edinburgh, 2022-08-16)The extant research on Procedural Justice (PJ) theory has consistently tested its normative underpinnings (i.e. trust in police fairness) against instrumental competing frameworks (i.e. trust in police effectiveness) ... -
Reforming the criminal law on assisted dying: a proposal for new defences
(The University of Edinburgh, 2022-08-16)This thesis proposes the creation of new defences to reform the criminal law of England on assisted death. Life is considered an overriding value, but sometimes it should be ended when death is in our best interests ... -
Rectification, realignment and indemnity in Scottish and Swiss land registration law
(The University of Edinburgh, 2022-07-07)The thesis is the first comparison of the land registration systems of Scotland and Switzerland. Although the history here differs significantly (national rules have existed in Scotland since 1617, in Switzerland since ... -
Persistent legal disagreement: its nature and theoretical relevance
(The University of Edinburgh, 2022-06-30)Disagreement among legal practitioners (mainly, judges and lawyers) about the content of the law is a pervasive feature of any modern legal system. Sometimes, subjects disagree about the content of the law because they ... -
Provisional and protective measures in commercial conflict of laws: a jurisdictional study of international litigation and international arbitration
(The University of Edinburgh, 2022-06-23)This thesis proposes to examine the law of jurisdiction to render provisional and protective measures in transnational commercial disputes in order to identify the main problems that arise in each dispute resolution system. ... -
Leases and licences in Scots law: an historical-doctrinal analysis
(The University of Edinburgh, 2022-06-22)For commercial landlords and tenants in Scotland, the common law, rather than legislation, provides most rules for the regulation of their agreement. Yet, despite its widespread practical importance, the Scottish law of ... -
Cover songs, remixes, and copyright: an empirical examination of music prosumers’ interactions with copyright and related enforcement regimes on YouTube
(The University of Edinburgh, 2022-06-09)This thesis, via two separate phases of empirical research, provides novel empirical insights into how users who create and disseminate derivative musical works, to YouTube – prosumers of music – understand, perceive, ... -
Female domestic servants and the law: an analysis of gender, class and the contract of service in early nineteenth-century Scotland
(The University of Edinburgh, 2022-06-08)This thesis explores an aspect of women’s legal history: contractual master-servant law as it applied to female domestic servants in Scotland during the first half of the nineteenth century (c 1800 to c 1850). During this ... -
To what extent, if at all, are the eligibility criteria in the Assisted Dying Bill likely to adequately safeguard terminally ill persons?
(The University of Edinburgh, 2021-12-01)The purpose of this dissertation is to examine the level of safeguards the Assisted Dying Bill ('ADB') provides to terminally ill persons ('TIP') and explore alternative options in enhancing the ADB's safeguard. The assisted ... -
Maritime entitlements and the changing atlas: the effect of coastal changes on maritime limits and maritime boundaries
(The University of Edinburgh, 2018-07-04)The international law of the sea is based on the general principle that land dominates the sea; entitlement to maritime zones is generated by the coastal front and the seaward extent of those entitlements is measured ...
