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  1. Home
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  4. Issues
  5. September 2022
  6. Viewpoints

Viewpoints

Correspondence on sex and gender; personal injury cold calls; Registers of Scotland arrear
19th September 2022

In his letter (Journal, August 2022, 6) Brian Dempsey perpetrates two logical fallacies which are unfortunate in a lecturer in law at the University of Dundee. 

First, he states that “there are persons who do not fit the simplistic ‘female or male’ categorisation”, and clearly implies that the existence of such persons problematises the “simplistic” categorisation. This is logically false. The statistically tiny incidence of people born with one leg does precisely nothing to undermine logically the fact of human beings as a bipedal species. Equally, the statistically tiny incidence of intersex conditions does precisely nothing to undermine logically the immutable sex categories of male and female in humans. 

Secondly, he states that the “either/ or” male and female sex categories are “based on medieval canon law”, and that this is “the same law that allowed for girls to be married at the age of 12”. The implication is of course that canon law must be wrong about one because it is about the other (or else why mention it?). The logical fallacy is again obvious. Vegetarianism isn’t wrong because Hitler was a vegetarian. Male and female categories aren’t wrong because medieval canon law used them. 

If there are the slightest credible scientific grounds for asserting that there is a third (or more) human sex (spoiler: there isn’t), then by all means let’s hear them. Otherwise, let’s – as lawyers and lecturers – stick to logic and the facts. 

Gordon Dangerfield, solicitor advocate, Glasgow

Almost half the population has had a cold call or text about making a personal injury claim in the past year, and MPs now have a chance to put a stop to it. 

The Data Protection and Digital Information Bill is currently before Parliament and we are calling on MPs to include an amendment to ban cold calling outright. 

Cold calls for personal injury are tasteless and intrusive. Most of the people who are contacted in this way are left feeling disgusted, annoyed, and anxious, according to a YouGov survey commissioned by APIL. The survey also found that 88% of adults in the UK support a total ban on cold calls and texts from companies who tout for injury claims. 

Current rules on cold calling have not prevented the exploitation of vulnerable people. Now is the time for MPs to act. It is what people want. 

John McQuater, President of APIL (Association of Personal Injury Lawyers), Nottingham 

The proposed second reading debate on 5 September was cancelled after it was announced that ministers wanted to consider the bill further. – Editor

A letter responding to last month’s Q&A between the Law Society of Scotland and Registers of Scotland on the arrear of applications to the Land Register is published in this issue as the property law article. – Editor 

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Regulars

  • Book reviews: September 2022
  • People on the move: September 2022
  • Reading for pleasure: September 2022

Perspectives

  • Editorial: Tribute to HM The Queen
  • President's column: September 2022
  • Opinion: Gordon Dangerfield
  • Viewpoints: September 2022
  • Profile: David Gordon

Features

  • Losing our grip on power
  • Arbitration: an institution?
  • Defamation in the modern age
  • A pledge against the consumer? A reply
  • Back together again!
  • Taxi?
  • Families across frontiers

Briefings

  • Civil court: Pointers to the future
  • Intellectual property: Data mining for all
  • Agriculture: The next land reform package
  • Corporate: Developments and divergence in data
  • Sport: Lessons from the Whyte review
  • Scottish Solicitors' Discipline Tribunal
  • Property: Registration – over a decade?
  • In-house: The top team – three more years

In practice

  • Public policy highlights: September 2022
  • Dare you enter the Dragons Glen?
  • Hey CPD!
  • Risk: Avoid the curve balls
  • The Eternal Optimist: Optimism in crisis time
  • Tradecraft tips
  • AML: two key stages
  • Ask Ash: Worried for a colleague

Online exclusive

  • Lessons on life and liberty from America
  • Charities: the investment dilemma
  • Bribery: a ground of claim?
  • “Are they still together?”: Settling the relevant date
  • Menopause: the mark of discrimination?

In this issue

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