Personality Rights: A Study in Difference

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

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.
Original languageEnglish
Title of host publicationMixed Jurisdictions Compared
Subtitle of host publicationPrivate Law in Louisiana and Scotland
EditorsVernon Valentine Palmer, Elspeth Christie Reid
Place of PublicationEdinburgh
PublisherEdinburgh University Press
Pages387-410
Number of pages24
ISBN (Print)9780748638864
DOIs
Publication statusPublished - 2009

Publication series

NameEdinburgh Studies in Law
PublisherEdinburgh University Press

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