Now showing items 1-10 of 10

  • Cremation in modern Scotland: history, architecture and the law. 

    Brown, Jonathan (Sweet and Maxwell http://www.westlaw.co.uk, 2017-12-31)
    BROWN, J. 2017. Cremation in modern Scotland: history, architecture and the law. Juridical review [online], 4, pages 287-289. Available from: http://www.westlaw.co.uk
    This is a review of Cremation in modern Scotland, by Jupp, P.C., Davies, D.J., Grainger, H.J., Raeburn, G.D. and White, S.R.G., Edinburgh, Birlinn Ltd, ISBN 978-1-90656-679-1.
  • Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? 

    Brown, Jonathan
    BROWN, J. [2018]. Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? Cambridge quarterly of healthcare ethics [online], (accepted).
    The importance of human 'dignity' in disputes concerning biological material has been recognised, but the term 'dignity' itself is oft decried as a 'hopelessly amorphous', 'vacuous concept' which should be 'discarded as a ...
  • Jus quaesitum tertio: a res, not a right? 

    Brown, Jonathan
    BROWN, J. [2018]. Jus quaesitum tertio: a res, not a right? Juridical review, (accepted).
    Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main ...
  • O Tempora! O Mores! The place of boni mores in dignity discourse. 

    Brown, Jonathan
    BROWN, J. [2018]. O Tempora! O Mores! The place of boni mores in dignity discourse. Cambridge quarterly of healthcare ethics [online], (accepted).
    In an earlier article, I had argued that Common lawyers and bioethicists may find the Romanistic notion of the actio iniuriarum, and the conception of ‘dignity’ which is central to this legal mechanism, instructive in ...
  • Plagium: an archaic and anomalous crime. 

    Brown, Jonathan (Sweet and Maxwell http://www.westlaw.co.uk, 2016-06-30)
    BROWN, J. 2016. Plagium: an archaic and anomalous crime. Juridical review [online], 2, pages 129-146. Available from: http://www.westlaw.co.uk
    Questions, in light of the continued existence of the offence of plagium in Scotland, involving the aggravated theft of pre-pubescent children, whether children are considered as "mere things" under Scots law. Examines the ...
  • Res religiosae and the Roman roots of the crime of violation of sepulchres. 

    Brown, Jonathan (Edinburgh University Press https://doi.org/10.3366/elr.2018.0503, 2018-09-25)
    BROWN, J. 2018. Res religiosae and the Roman roots of the crime of violation of sepulchres. Edinburgh law review [online], 22(3), pages 347-367. Available from: https://doi.org/10.3366/elr.2018.0503
    Violation of sepulchres is a common law crime in Scotland. This crime ensures that interred human corpses are not subject to the ordinary laws of property, but are instead protected under this distinct heading of law. While ...
  • 'Revenge porn' and the actio iniuriarum: using 'old law' to solve 'new problems'. 

    Brown, Jonathan (Wiley https://doi.org/10.1017/lst.2018.8, 2018-07-05)
    BROWN, J. 2018. 'Revenge porn' and the actio iniuriarum: using 'old law' to solve 'new problems'. Legal studies [online], 38(3), pages 396-410. Available from: https://doi.org/10.1017/lst.2018.8
    'Revenge porn', as the non-consensual distribution of private sexual images and videos has been termed, is conceptualised as an inextricably modern phenomenon which the law is not appropriately equipped to deal with. The ...
  • Scotland and the Abortion Act 1967: historic flaws, contemporary problems. 

    Brown, Jonathan (Sweet and Maxwell http://www.westlaw.co.uk, 2015-06-30)
    BROWN, J. 2015. Scotland and the Abortion Act 1967: historic flaws, contemporary problems. Juridical review [online], 2, pages 135-155. Available from: http://www.westlaw.co.uk
    Examines the unique position of Scots law on abortion prior to, and following, the adoption of the Abortion Act 1967, looking at pre-1967 common law and contemporary case law.
  • Scots law as a civilian system: a response. 

    Brown, Jonathan (Scottish Law Agents Society, 2019-01-31)
    BROWN, J. 2019. Scots law as a civilian system: a response. Scottish law gazette, 86(4), pages 59-61.
    This article responds to Lord Gill's speech given to the Judicial Institute on 14 July 2016, concerning the Roman law origins of the Scottish legal system, discussing how this tradition means that the Scottish system is a ...
  • Theft, property rights and the human body: a Scottish perspective. 

    Brown, Jonathan (Paris Legal Publishers https://www.uitgeverijparis.nl/reader/192681/7695, 2013-04-30)
    BROWN, J. 2013. Theft, property rights and the human body: a Scottish perspective. Journal of medical law and ethics [online], 1(1), pages 43-59. Available from: https://www.uitgeverijparis.nl/reader/192681/7695
    The notion of proprietal rights in human biological material is one which, until recently with the case of Yearworth v. North Bristol NHS Trust [2010] QB 1, the English courts have heavily resisted. Consequently it has ...