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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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 ... -
The United Nations' relationship with civil society: development of the 2nd Charter 'The united peoples' and the United Nations' principled decision-making policy through the Naber model
(The University of Edinburgh, 2021-07-31)This doctoral thesis researched the relationship between the United Nations (UN) and Civil Society (CS). The purpose was to uncover the dynamics of the relationship with the intention to offer potential solutions in order ... -
Wrongful competition: a comparative study of private law approaches to competition regulation
(The University of Edinburgh, 2022-03-21)The thesis seeks to explore the normative foundations of competition regulation beyond the consequentialist or utilitarian approaches typically found in the antitrust laws of any developed legal system. In this regard, ... -
Economic fragmentation in the legal system of the Late Roman Empire
(The University of Edinburgh, 2022-03-21)The dynastic crisis of the so-called “Crisis of the Third Century” is often associated with a period of economic fragmentation in the Roman Mediterranean. However there have been few attempts to define precisely what ... -
International law: Kurdistan, Kurds and self-determination
(The University of Edinburgh, 2022-03-17)How does a distinct people become the world’s largest stateless nation? Dispersed but contiguously situated in the Mesopotamian plain and the eastern-Anatolian plateau of the Middle East, the Kurds were granted the right ... -
Construction, sources, and implications of consensualism in contract: lesson from France
(The University of Edinburgh, 2022-03-16)This thesis is concerned with the historical origins, implications, and evolution of the principle of consensualism in contract. It presents ideas on consensualism as not innate but arrived at by stages. These are ‘the ... -
Instance of the environmental turn: the evolution of the law of the sea and marine protected areas within national jurisdiction, with focus on networks of and large-scale marine protected areas
(The University of Edinburgh, 2022-03-15)In the last half century there has been an environmental turn in the perspective and priorities of the international community regarding the oceans, with a novel focus of protection of the marine environment and its ... -
Social harms in borderised spaces: the case of Lampedusa
(The University of Edinburgh, 2022-03-01)As migration control has risen to the top of the political agenda in the European Union, member states’ border control practices have been attracting increasing criminological scrutiny, as shown by the growing field ... -
Just price theory: a reassessment
(The University of Edinburgh, 2021-12-01)The main aim of this thesis is to provide a reassessment of the age-old idea that there is a just price of things. It does so by endorsing a virtue-based approach to price justification, one that is both value pluralist ...
