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Full-Text Articles in Law
Imperial Agendas, Global Solidarities, And Third World Socio-Legal Studies: Methodological Reflections, Radha D'Souza
Imperial Agendas, Global Solidarities, And Third World Socio-Legal Studies: Methodological Reflections, Radha D'Souza
Osgoode Hall Law Journal
This article interrogates the methodological lenses through which law in the Third World is commonly analyzed in socio-legal studies. Third World socio-legal studies, this article argues, is a field in search of philosophical foundations. It continues to rely on conceptual categories and analytical frameworks developed through the intellectual, cultural, and social histories of Western capitalist societies, which it extends uncritically to different intersubjective orders in Third World contexts. The article examines the common grounds shared by two apparently competing discourses about law in the Third World, which I label imperial agendas and global solidarities. It is difficult to speak about …
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
Osgoode Hall Law Journal
This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
Osgoode Hall Law Journal
Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.