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Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson

Cardozo Law Review

No abstract provided.

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Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.

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Nomos And Thanatos (Part A). The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin

Dalhousie Law Journal

Law, is so far as it sanctions the coercive power of the state, enables people to do frightening - even deadly - things to each other. Contemporary jurisprudence, the explanatory and justificatory voice of legal practice, fails to interrogate law's interconnection with violence and death and therefore, by a sin of omission, legitimizes humankind's mutual inhumanity. The end result is jurisprudential tolerance of, and acquiescence in, societies underpinned by violence. By identifying the nexus between community (nomos) and death (thanatos), this, admittedly speculative, essay attempts to raise the possibility of a discourse, practice and society that can encourage, reflect and …

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Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan

Dalhousie Law Journal

In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …

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Western In The 1980'S, W B. Rayner

Dalhousie Law Journal

When one is asked to write on the development of one's faculty over a decade, the most difficult part of the task is simply to determine where to begin. After some thought, I came to the conclusion that the most appropriate starting point is the statement of the objective that appears in the "Dean's Message" contained in our Calendar. We state that our objective is "to offer students a liberal education through the critical study of legal and related materials in preparation for the private practice of law, for government service and for kindred vocations." In short, we wish to …

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Truth, Strangers, And Fiction: The Illegitimate Uses Of Legal Ficton In Immigration Law, Ibrahim J. Wani

Cardozo Law Review

No abstract provided.

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Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman

Indiana Law Journal

No abstract provided.

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Equal Protection In Enforcement Towards More Structured Discretion, Peter Finkle, Duncan Cameron

Dalhousie Law Journal

How often has it been said by administrators, politicians and members of the general public that a certain law is good, the problem is that it is not enforced?1 The very form of the question expresses the fact that for the general public and politicians alike, not to mention the legal profession, the law is usually thought of as that which is written in the books. In reality, however, that written law is only part of a much broader legal process which includes the decisions of those charged with the responsibility of enforcement and, indeed, the activities of judges and …

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