STORRE

‘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 individuals have fallen victim to this phenomenon in recent years. This paper submits that victims of revenge porn ought to be held due monetary redress in the civil law, while acknowledging that the damage done by revenge porn need not necessarily in...

In issue 4 of the 23rd volume of this journal, Charles Foster published a critical piece on the topic of "Dignity and the Ownership and Use of Body Parts", arguing that property-based models of the ownership of human body parts are as ubiquitous as they are inadequate. The notion of 'human dignity', Foster argues (therein and in some of his earlier work), serves as a better candidate than its competitors for the role of moral guide in disputes pertaining to body parts which have been severed ...

Lord Gill’s account of Scots Law as a Civilian System begins by accepting that the ‘Scottish romantic school of jurisprudence’, with its emphasis on Roman law, paints ‘an affecting picture’, but it certainly ‘not going to see us through the trials that lie ahead’. Such seems to provide a fair assessment of the present state of Scots law. The idea that Scots lawyers, when faced with a challenging or novel legal problem, might turn first to Justinian’s Digest may give some pleasure to scholars ...

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 that a corpse can be stolen prior to interment, it remains unclear if a corpse which was once buried, but has since been lawfully removed from its grave, remains incapable of being stolen, or if it becomes susceptible to theft again when exhumed. Thi...