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My "Very Idea" Of Rod - And Yours, Harry Arthurs
My "Very Idea" Of Rod - And Yours, Harry Arthurs
Harry Arthurs
Text of introductory address to symposium The Unbounded Level of the Mind: Rod Macdonald's Legal Imagination, held at McGill University's Faculty of Law, February 7-8, 2014. The author expresses his admiration and affection for Prof Maconald, taking as his clue something he says frequently and in various formulations: “The very idea of law [he says] must be autobiographical”. [Roderick A. Macdonald & Martha-Marie Kleinhans, "What is a Critical Legal Pluralism?" Canadian Journal of Law and Society , 12 (1997), 25-46, 46]. Quote: "If that’s true, then the “very idea” of Rod himself must be “autobiographical”. I’m therefore going to begin …
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
Harry Arthurs
Paper Presented at a workshop on Equality, at the Institute for Advanced Studies, Nantes, France, in June, 2014. Two epidemiological studies — the Whitehall Studies of 1967 and 1988 — famously demonstrated that socio-economic status is a primary determinant of health outcomes. By locating a large cohort of British civil servants on a social-class gradient, researchers were able to show that individuals at successively lower levels on that gradient experienced diminishing prospects of good health and longevity. This conclusion was complemented by subsequent studies that concluded that degrees of inequality in a society — rather than absolute levels of wealth …
Constitutional Courage, Harry W. Arthurs
Constitutional Courage, Harry W. Arthurs
Harry Arthurs
In this lecture, Professor Arthurs argues that we are currently in need of "constitutional courage"-the courage to say "no" to ambitious projects of constitutional reform and constitutional litigation as a way to solve our pressing social and political problems. Professor Arthurs first lays out why our current obsession with the constitution is problematic. He insists that we do not even know what the supposed "supreme law of Canada" actually is, what it says, or even what it does. Moreover, instead of transforming society, the current "cult of constitutionalism" has only served to transform legal practice and scholarship. ei then surmises …