TY - CHAP
T1 - Personality Rights
T2 - A Study in Difference
AU - Reid, Elspeth
N1 - Chapter published online 09/2012 - kgb
PY - 2009
Y1 - 2009
N2 - Over the past century, in both the Civil Law and the Common Law, the concept of ‘personality rights’ has evolved to encompass that bundle of rights which protects the integrity and inviolability of the individual. There are rights which ‘protect the attributes of the human person’, and thus concentrate upon ‘the être — the being — in contrast with the avoir — the having’. But while the category is recognised in both Scotland and Louisiana, and an abundant literature has formed on both sides of the Atlantic, there are significant variations with regard to the private law remedies by which personality rights may be vindicated. This chapter considers how the interaction of Civil Law and Common Law traditions has shaped the protection of personality rights in the mixed legal systems of Louisiana and Scotland.
AB - Over the past century, in both the Civil Law and the Common Law, the concept of ‘personality rights’ has evolved to encompass that bundle of rights which protects the integrity and inviolability of the individual. There are rights which ‘protect the attributes of the human person’, and thus concentrate upon ‘the être — the being — in contrast with the avoir — the having’. But while the category is recognised in both Scotland and Louisiana, and an abundant literature has formed on both sides of the Atlantic, there are significant variations with regard to the private law remedies by which personality rights may be vindicated. This chapter considers how the interaction of Civil Law and Common Law traditions has shaped the protection of personality rights in the mixed legal systems of Louisiana and Scotland.
U2 - 10.3366/edinburgh/9780748638864.003.0023
DO - 10.3366/edinburgh/9780748638864.003.0023
M3 - Chapter (peer-reviewed)
SN - 9780748638864
T3 - Edinburgh Studies in Law
SP - 387
EP - 410
BT - Mixed Jurisdictions Compared
A2 - Palmer, Vernon Valentine
A2 - Reid, Elspeth Christie
PB - Edinburgh University Press
CY - Edinburgh
ER -