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Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland$
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Vernon Palmer and Elspeth Reid

Print publication date: 2009

Print ISBN-13: 9780748638864

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638864.001.0001

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Personality Rights: A Study in Difference

Personality Rights: A Study in Difference

Chapter:
(p.387) 13 Personality Rights: A Study in Difference
Source:
Mixed Jurisdictions Compared
Author(s):

Elspeth Christie Reid

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638864.003.0023

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.

Keywords:   Scots law, Louisiana law, common law, civil law, personality rights protection, mixed legal systems

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