Skip to main content

Research Repository

Advanced Search

No Oral Modification Clauses: Solid as a Rock (2019)
Journal Article
Dodd, L. (2019). No Oral Modification Clauses: Solid as a Rock. Juridical Review, 2019(4), 342-349

This is an analysis of the 2018 UK Supreme Court case Rock Advertising Ltd v MWB Business Exchange Centres Ltd, which concerned the legal validity of No Oral Modification clauses.

Thomas Craig on the origin and development of feudal law (2019)
Journal Article
Dodd, L. (2019). Thomas Craig on the origin and development of feudal law. Legal History Review / Revue d'Histoire du Droit / Tijdschrift voor Rechtsgeschiedenis, 87(1-2), 86-127. https://doi.org/10.1163/15718190-08712P04

When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law... Read More about Thomas Craig on the origin and development of feudal law.

Threshold point utilisation in juror decision-making (2018)
Journal Article
Curley, L. J., MacLean, R., Murray, J., Pollock, A. C., & Laybourn, P. (2019). Threshold point utilisation in juror decision-making. Psychiatry, Psychology and Law, 26(1), 110-128. https://doi.org/10.1080/13218719.2018.1485520

The current research aimed to identify whether a model of juror decision making (i.e. the threshold model) that encompasses both rational and intuitive decision making exists. Sixty participants were selected who would be eligible for jury duty in Sc... Read More about Threshold point utilisation in juror decision-making.

The bastard verdict and its influence on jurors (2018)
Journal Article
Curley, L. J., Maclean, R., Murray, J., Laybourn, P., & Brown, D. (2019). The bastard verdict and its influence on jurors. Medicine, Science and the Law, 59(1), 26-35. https://doi.org/10.1177/0025802418811740

The Scottish Legal system is a unique jurisdiction as jurors are able to give Not Proven verdicts in addition to the well-known Anglo-American verdicts (Guilty and Not Guilty). The Not Proven verdict has never been legally defined, meaning that curre... Read More about The bastard verdict and its influence on jurors.

The Problem of the Authority of the International Criminal Court (2018)
Journal Article
Moran, C. F. (2018). The Problem of the Authority of the International Criminal Court. International Criminal Law Review, 18(5), 883-901. https://doi.org/10.1163/15718123-01805001

This research examines the problem of the authority of the International Criminal Court (ICC), focusing on its claim to jurisdiction as its primary exercise of authority. The research questions the basis of the Court's authority, beginning with an an... Read More about The Problem of the Authority of the International Criminal Court.

Pushing the theoretical boundaries of restorative justice: Non-sovereign justice in radical political and social theories (2018)
Book Chapter
Maglione, G. (2018). Pushing the theoretical boundaries of restorative justice: Non-sovereign justice in radical political and social theories. In T. Gavrielides (Ed.), Routledge International Handbook of Restorative Justice. Routledge

This chapter is an exercise in political and ethical imagination. It starts from the premise that the recent centralised institutionalisation of restorative justice has outstripped this field of its radical political-ethical potential. The process... Read More about Pushing the theoretical boundaries of restorative justice: Non-sovereign justice in radical political and social theories.

Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights? (2018)
Journal Article
Macfarlane, L.-A. (2018). Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?. Juridical Review, 75-97

Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests… shall be a primary consideration’ in all actions concerning the child. The United Nations Committee on the Rights of the Child has indic... Read More about Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?.

Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland (2018)
Journal Article
Stavert, J. (2018). Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland. Laws, 7(3), Article 26. https://doi.org/10.3390/laws7030026

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) highlights the need to actively remove obstacles to, and promote, the full and equal enjoyment of human rights by persons with disabilities. This is challenging us to rev... Read More about Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland.

An Investigation into Service Quality in the Supreme Court Civil Registry in Jamaica (2018)
Thesis
McKoy, G. A. An Investigation into Service Quality in the Supreme Court Civil Registry in Jamaica. (Thesis). Edinburgh Napier University. http://researchrepository.napier.ac.uk/Output/1253090

Notwithstanding the strategic importance of service quality to public sector reforms, the Government of Jamaica has given it no consideration in its justice reform project. Neither had anyone previously applied the service quality methodology to serv... Read More about An Investigation into Service Quality in the Supreme Court Civil Registry in Jamaica.

Employer Responses to Dementia in the Workplace in Scotland (2018)
Report
Stavert, J., Egdell, V., Ritchie, L., Danson, M., Cook, M., & Tolson, D. (2018). Employer Responses to Dementia in the Workplace in Scotland. Scotland: Edinburgh Napier University

The reported study investigated how Scottish-based employers from different sectors respond to staff with dementia. Dementia is, and will increasingly be, a workplace issue as populations’ age, working lives extend and there is better recognition of... Read More about Employer Responses to Dementia in the Workplace in Scotland.

A perspective on the Rome Statute's defence of duress: The role of imminence (2018)
Journal Article
Moran, C. F. (2018). A perspective on the Rome Statute's defence of duress: The role of imminence. International Criminal Law Review, 18(1), 154-177. https://doi.org/10.1163/15718123-01801001

The concept of duress encapsulated in Article 31(1)(d) of the Rome Statute of the International Criminal Court is a novel inclusion in a statute created to allow prosecution of serious crimes against the person in international criminal law. Despite... Read More about A perspective on the Rome Statute's defence of duress: The role of imminence.

Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development (2018)
Journal Article
Barnes Macfarlane, L.-A. (2018). Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development. Edinburgh Law Review, 22(1), 101-107. https://doi.org/10.3366/elr.2018.0458

"A letter", Nietzsche once wrote, "is an unannounced visit, the postman the agent of rude surprises". Given the extremely personal nature of many family law judgments, it is rare and rather surprising when parties, their children or, indeed, the judi... Read More about Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development.

The criminal justice system in Scotland (2017)
Book Chapter
Morrison, K. (2017). The criminal justice system in Scotland. In Case, Johnson, Williams, Smith, & Manlow (Eds.), Criminology. Oxford University Press

No abstract available.

Mental Health Law in a Global Context (2017)
Book Chapter
Stavert, J. (2017). Mental Health Law in a Global Context. In The Palgrave Handbook of Sociocultural Perspectives on Global Mental Health (329-349). Palgrave Macmillan

No abstract available.