Laws

In this essay, I explore the historical challenge that Abraham Lincoln posed to Stephen Douglas at the fifth debate in Galesburg. During an argument regarding the morality of slavery and the meaning and significance of the American regime, Douglas contended that the nation was legally founded on white supremacy. Lincoln, however, affirmed that based on all available historical evidence, the Founders intended to include all humans when they said in the Declaration of Independence, based on their understanding of natural law, that “all men are created equal.” To demonstrate his confidence in this belief, Lincoln challenged Douglas to provide primary source evidence that anyone, prior to the 1850s, ever said that the black race was not included in the Declaration. Studying Lincoln’s natural law challenge and the responses it received offers a new perspective on the importance of the original meaning of the Declaration’s equality principle, grounded in the law of nature, as well as how Lincoln thought about that principle—particularly in contrast to rivals like Douglas and Roger Taney.

The Chinese Intangible Cultural Heritages (ICH) Law was passed in 2011, followed by the Regulation on Copyright Protection of Folk Literature and Art Works (Draft calling for comments) released in 2014, which finally called for opinions from experts and practitioners again in 2024. This article examines the challenges in directly applying copyright law to protect ICHs in Mainland China, emphasising the fundamental differences in the rationales of ICHs and copyright, despite partial overlap in their subject matters. Although copyright is not suitable for directly safeguarding ICHs, it can play a constructive role in protecting derivative works and creative expressions embodying ICHs. When granting copyright to the creations, certain limitations should be imposed on the exercise of these rights, particularly respecting the local communities and avoiding distorting the original cultural expressions of the ICHs. Such a design could benefit the preservation of Chinese ICHs and also promote the exchange of culture. It also provides a reference to other nations to avoid directly transplanting copyright law onto ICH protection without adaptation. In light of recent international developments, the findings contribute to comparative and cross-border debates on international collaborations, fair remuneration and benefit-sharing, supporting more equitable and sustainable global preservation of ICHs.

Existing law provides no settled account of how deepfake sextortion should be characterised and regulated in England, Wales and Northern Ireland, creating uncertainty for charging, adjudication and platform compliance at the point when the Online Safety Act 2023 allocates duties to regulated services under Ofcom oversight. This article responds by analysing and synthesising the Online Safety Act 2023 with the Sexual Offences Act 2003 and residual harassment and communications offences, using doctrinal analysis and normative evaluation to identify points of alignment and misfit. It establishes criteria for identifying synthetic sexual coercion, including the elements that mark threat-stage conduct, the role of fabrication in the wrong, and the conditions under which epistemic harms should be treated as legally relevant within ordinary doctrine. It rejects three propositions: that intimate-image abuse is primarily a publication-based wrong; that an authentic image is a precondition for liability; and that content-led platform duties adequately address coercion before dissemination. This analysis specifies how courts and prosecutors should classify conduct and select offences, how services should operationalise risk assessment and mitigation for threat-stage harms, and which targeted reforms to offence design, platform duties and victim-facing procedures are required to secure predictable protection and effective redress.