Professor Frankie McCarthy
- Professor of Private Law (School of Law)
Frankie McCarthy was appointed Professor of Private Law in 2019, 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 is also a qualified solicitor.
Professor 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.
Professor 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.
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
Professor 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