Professor Frankie McCarthy
- Professor of Private Law (School of Law)
Frankie McCarthy was appointed as a Senior Lecturer in Private Law in August 2014, but has been a member of the School as a PhD researcher and then a lecturer since 2007. She is a graduate of the Universities of Edinburgh (LLB, DipLP) and Glasgow (PhD), and has been a visiting researcher at the University of Otago, New Zealand. She is also a qualified solicitor, having worked as a trainee and then solicitor at Simpson and Marwick WS (now part of Clyde & Co) prior to beginning her doctoral studies.
Dr McCarthy is a co-author of Griffiths, Fotheringham and McCarthy’s Family Law and the editor of the Property section of Green’s Scottish Human Rights Service. She acts as an external examiner for the Universities of Edinburgh and Aberdeen. She is a member of the Royal Society of Edinburgh’s Scottish Crucible network, and a trustee of South Seeds, Scotland’s first SCIO.
Dr McCarthy has been appointed to the Scottish Law Commission on a full-time basis until October 2024. Please note that she is not working on the University campus and will not be undertaking teaching or administrative duties during this time.
Dr McCarthy’s research interests lie in property law and family law, and their intersections with human rights. She is particularly interested in:
- The development of property as a human right in Europe. Why do we protect property ownership as a civil right, and to what extent does this right also imply responsibilities? How can property rights theories, particularly the US progressive property scholarship, help us to reconceptualise property ownership?
- Property as human right in relation to community interests in land in Scotland and the Scottish land reform agenda.
- Ownership rights and responsibilities in relation to community living, especially urban tenement living.
- Family property, particularly the financial rights of non-marital cohabiting couples during and on the breakdown of their relationship.
She has previously researched children’s rights, particularly in relation to their intersection with religion. She is also interested in the law of succession.
McCarthy, F. (2013) Property as a human right: another casualty of the 'war on terror'? In: Hopkins, N. (ed.) Modern Studies in Property Law. Hart Pub Ltd: Oxford, UK, pp. 243-262. ISBN 9781849463218
McCarthy, F. (2011) Prayers in the playground: religion and education in the United Kingdom and beyond. In: Mair, J. and Orucu, E. (eds.) The Place of Religion in Family Law: A Comparative Search. Series: European family law (30). Intersentia: Cambridge, OR, USA, pp. 235-262. ISBN 9781780680156
Research students under supervision
Dr McCarthy welcomes inquiries from students interested in postgraduate research in any area of family or property law, including human rights where they overlap with these topics. She has experience in supervising doctrinal, theoretical and socio-legal work.
Current research students
Michael Arthur - 'Land Reform and the Common Good'
Bernadette O’Neill: 'Regulation of property developments in Scotland: vive la révolution?'
Elizabeth Schmulian - 'The Equalities Legislation: Challenging Religious Norms'
Research students or professionals holding an LLB or equivalent who are interested in tutoring on core property or family law course are invited to email Dr McCarthy with a CV and cover letter indicating their likely availability for tutoring in the next academic year. Tutors are usually appointed in June or July prior to the academic year beginning, although appointments may exceptionally be made in September.