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Ae fond kiss: A private matter?

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

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Original languageEnglish
Title of host publicationJudge and Jurist
Subtitle of host publicationEssays in Memory of Lord Rodger of Earlsferry
EditorsAndrew Burrows, David Johnston, Reinhard Zimmermann
Place of PublicationOxford
PublisherOxford University Press
Number of pages16
ISBN (Print)9780199677344
Publication statusPublished - Jun 2013


The paper, a contribution written in honour of the late Lord Rodger of Earlsferry, discusses the 1804 case of Cadell & Davies v Stewart, in which the existence of rights to publish or to prevent publication of private letters between the poet Robert Burns and his close friend Agnes McLehose was ventilated at length by the advocates and judges appearing in the court. The paper assesses the evidence for what really happened between Burns and Agnes, and discusses the contemporary significance of the court's decision to prevent publication.

    Research areas

  • Scots Law, history of copyright, literary property, unpublished works, breach of confidence, privacy

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