Category Archives: Fundamental or Human Rights

David Lewis, ‘Stigma and Whistleblowing: Should Punitive Damages be Available in Retaliation Cases?’

ABSTRACT This article uses a range of disciplinary perspectives to examine what is meant by stigma and explains that it is a relational concept. It argues that there has been a shift from attributing social stigma to whistleblowing, to regarding whistleblowing as a form of prosocial behaviour, that is, something which contributes to the well-being […]

Christian Von Bar, ‘Contract Law and Human Dignity’

ABSTRACT The second Ole Lando Memorial Lecture is about the influence of the constitutional protection of human dignity on private contract law. The paper argues that where violations of human dignity occur, it is no longer possible to distinguish between the vertical and horizontal effects of fundamental and human rights. The article demonstrates this using […]

Marissa Jackson Sow, ‘Whiteness as Contract’

ABSTRACT The year 2020 forced scholars, policymakers, and activists alike to grapple with the impact of ‘twin pandemics’ – the COVID-19 pandemic, which has devastated Black and Indigenous communities, and the scourge of structural and physical state violence against those same communities – upon American society. As atrocious acts of anti-Black violence and harassment by […]

David Logan, ‘Rescuing Our Democracy by Rethinking New York Times Co v Sullivan

ABSTRACT New York Times v Sullivan (1964) is an iconic decision, foundational to modern First Amendment theory, and in a string of follow-on decisions the Court firmly grounded free speech theory and practice in the need to protect democratic discourse. To do this the Court provided broad and deep protections to the publishers of falsehoods. […]

Juho Saloranta, ‘Establishing a corporate responsibility ombudsman: Enhancing remedy through state-based non-judicial mechanisms?’

ABSTRACT This article assesses the efficiency of non-judicial grievance mechanisms in providing victims of corporate human rights violations with improved access to remedy. As no such mechanism is currently available, this article formulates a proposal for a new mechanism in the form of a corporate responsibility ombudsman, which would offer a great deal of flexibility […]

Jan Zglinski, ‘Doing Too Little or Too Much? Private Law Before the European Court of Human Rights’

ABSTRACT The phenomenon of horizontal effect or, more generally speaking, of the constitutionalisation of private law has been widely debated. Yet, most of the discussion has been set in the national context. Only more recently, the constitutionalisation of European private law has made it onto the scholarly agenda. This paper seeks to provide an overview […]

‘Personal Rights in China’s new civil code – Wang Liming’

“Personal rights in China’s new civil code – Wang Liming, et al – Modern China. Wang Liming, perhaps China’s most prominent torts scholar and a major figure in academic circles, has with his Renmin University colleague Xiong Bingwan published in Sage’s Modern China journal a lengthy discussion of the novel ‘personal rights’ 人格权 section of […]

‘Corporate Human Rights?’

“Human rights are human rights. Granting them not only to human beings but also to corporations seems like a perversion – not only because corporations have neither body nor soul but also because corporations may accumulate tremendous social, financial and political power, whereas human rights are intended to protect the weak against the powerful. Such […]

‘Is possession of a contract nine-tenths of the law?’

“In Solaria v Department for Business, the Court of Appeal held that a signed and part-performed commercial contract was, prima facie, a ‘possession’ for the purpose of Article 1, Protocol 1 of the European Convention for the Protection of Human Rights. That a contract is assignable is not the legal test to apply, simply a […]

Patrick Garry, ‘The Erosion of Common Law Privacy and Defamation: Reconsidering the Law’s Balancing of Speech, Privacy, and Reputation’

ABSTRACT Privacy and reputation have come under siege because of new technologies, the general communications practices of society, and the changing journalism environment. At the same time, the common law’s ability to provide an effective remedy for privacy and reputation harms has diminished. A major reason for this shortcoming is that the common law does […]