Category Archives: Human Rights
Jared Mackey, ‘Privacy and the Canadian Media: Developing the New Tort of “Intrusion Upon Seclusion” with Charter Values’
Abstract: With the recent recognition of the new tort of “intrusion upon seclusion”, Canadian privacy law has experienced a fundamental and modernizing shift. In Jones v Tsige, the Ontario Court of Appeal held that a person is liable for an invasion of privacy, if “he or she intrudes, physically or otherwise, upon the seclusion of [...]
David Hart, ‘When human rights hit the private law of damages for death’
“Swift v. Secretary of State for Justice [2012] EWHC 2000 (QB). This decision involves the intersection of Articles 8 (family) and 14 (discrimination) of the ECHR with the law governing who can recover damages for the death of a relative. This law is the Fatal Accidents Act 1976 (for the text see [10] of the [...]
Tessa Davis, ‘Keeping the Welcome Mat Rolled-Up: Social Justice Theorists’ Failure to Embrace Adverse Possession as a Redistributive Tool’
Abstract: J.A. Pye (Oxford) Ltd and another v. Graham and another (Pye), a recent U.K. case, raised the question of whether adverse possession may violate a human right to own property. The case implicated the then recent bringing adverse possession into the human rights realm. Yet, a review of the case as it moved through [...]
Alistair Price, ‘The influence of human rights on private common law’
Abstract: This article presents a theoretical and comparative analysis of the influence of human rights on the private common law. First, it analyses the different ways in which human rights could, in principle, affect the adjudication of private law claims, distinguishing six forms of influence, giving examples. It then contrasts South African law against English [...]
Just published: Rights and Private Law (ed. Nolan and Robertson)
“In recent years a strand of thinking has developed in private law scholarship which has come to be known as ‘rights’ or ‘rights-based’ analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by [...]
David Howarth, ‘Libel: Its Purpose and Reform’
Abstract: Discussion of libel often fails to define defamation law’s purpose and thus properly to assess its value. This article argues that defamation’s purpose relates to fundamental human interests in sociality, directly linked to important aspects of human health and well‐being. Protecting such interests is arguably required by the right to private life under ECHR [...]
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