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All Outputs (10)

Pater knows best: withdrawal of medical treatment from infants in Scotland. (2020)
Journal Article
BROWN, J. and CHRISTIE, S. 2020. Pater knows best: withdrawal of medical treatment from infants in Scotland. Oxford journal of legal studies [online], 40(4), pages 682-707. Available from: https://doi.org/10.1093/ojls/gqaa019

The cases of Charlie Gard and Alfie Evans placed the withdrawal of treatment from terminally ill infants at the forefront of medical law and ethics. In the medico-legal context, Scottish court procedures materially differ from those in England. This... Read More about Pater knows best: withdrawal of medical treatment from infants in Scotland..

O Tempora! O Mores! The place of boni mores in dignity discourse. (2019)
Journal Article
BROWN, J. 2020. O Tempora! O Mores! The place of boni mores in dignity discourse. Cambridge quarterly of healthcare ethics, 29(1), pages 144-155. Available from: https://doi.org/10.1017/S0963180119000872

In an earlier article, I had argued that Common lawyers and bioethicists may find the Romanistic notion of the actio iniuriarum, and the conception of ‘dignity’ which is central to this legal mechanism, instructive in complex medico-legal cases. Prof... Read More about O Tempora! O Mores! The place of boni mores in dignity discourse..

Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? (2019)
Journal Article
BROWN, J. 2019. Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? Cambridge quarterly of healthcare ethics [online], 28(3), pages 522-533. Available from: https://doi.org/10.1017/S0963180119000446

The importance of human 'dignity' in disputes concerning biological material has been recognised, but the term 'dignity' itself is oft decried as a 'hopelessly amorphous', 'vacuous concept' which should be 'discarded as a potential foundation for rig... Read More about Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem?.

Jus quaesitum tertio: a res, not a right? (2019)
Journal Article
BROWN, J. 2019. Jus quaesitum tertio: a res, not a right? Juridical review [online], 1, pages 53-74. Available from: http://westlaw.co.uk(accepted).

Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main problems: Firstly, such a right... Read More about Jus quaesitum tertio: a res, not a right?.

Res religiosae and the Roman roots of the crime of violation of sepulchres. (2018)
Journal Article
BROWN, J. 2018. Res religiosae and the Roman roots of the crime of violation of sepulchres. Edinburgh law review [online], 22(3), pages 347-367. Available from: https://doi.org/10.3366/elr.2018.0503

Violation of sepulchres is a common law crime in Scotland. This crime ensures that interred human corpses are not subject to the ordinary laws of property, but are instead protected under this distinct heading of law. While it now appears settled tha... Read More about Res religiosae and the Roman roots of the crime of violation of sepulchres..

'Revenge porn' and the actio iniuriarum: using 'old law' to solve 'new problems'. (2018)
Journal Article
BROWN, J. 2018. 'Revenge porn' and the actio iniuriarum: using 'old law' to solve 'new problems'. Legal studies [online], 38(3), pages 396-410. Available from: https://doi.org/10.1017/lst.2018.8

'Revenge porn’ is conceptualised as a modern phenomenon which the law is not equipped to deal with. The advent of smartphone technology has allowed sexually explicit material to be created easily and disseminated quickly. An increasing number of indi... Read More about 'Revenge porn' and the actio iniuriarum: using 'old law' to solve 'new problems'..

Plagium: an archaic and anomalous crime. (2016)
Journal Article
BROWN, J. 2016. Plagium: an archaic and anomalous crime. Juridical review [online], 2, pages 129-146. Available from: http://www.westlaw.co.uk

Questions, in light of the continued existence of the offence of plagium in Scotland, involving the aggravated theft of pre-pubescent children, whether children are considered as 'mere things' under Scots law. Examines the history of the crime of pla... Read More about Plagium: an archaic and anomalous crime..

Theft, property rights and the human body: a Scottish perspective. (2013)
Journal Article
BROWN, J. 2013. Theft, property rights and the human body: a Scottish perspective. Journal of medical law and ethics [online], 1(1), pages 43-59. Available from: https://www.uitgeverijparis.nl/reader/192681/7695

The notion of proprietal rights in human biological material is one which, until recently with the case of Yearworth v. North Bristol NHS Trust [2010] QB 1, the English courts have heavily resisted. Consequently it has been assumed by many legal comm... Read More about Theft, property rights and the human body: a Scottish perspective..