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Full-Text Articles in Law
Incommensurability As A Jurisprudential Puzzle, Richard Warner
Incommensurability As A Jurisprudential Puzzle, Richard Warner
All Faculty Scholarship
No abstract provided.
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
Scholarly Articles
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Articles & Book Chapters
In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …
The Last Emperor?, Allan C. Hutchinson
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
The Jurisprudence Of Jane Eyre, Anita L. Allen
The Jurisprudence Of Jane Eyre, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.
The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …
A Mirror For The Magistrate, Paul Campos
Writing For Judges, Pierre Schlag
Tort Law As A Comparative Institution, Claire Oakes Finkelstein
Tort Law As A Comparative Institution, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.