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Full-Text Articles in Law
Unmanly Diversions: The Construction Of The Homosexual Body (Politic) In English Law, Carl F. Stychin
Unmanly Diversions: The Construction Of The Homosexual Body (Politic) In English Law, Carl F. Stychin
Osgoode Hall Law Journal
In this article, the author interrogates the construction of gay male sexuality in legal and popular discourse. Focusing on two events-the decision of the House of Lords in Brown which upheld convictions of sadomasochists for assault, and publicity surrounding a serial killer of gay men in Britain-he argues that gay men are discursively constructed around the concepts of addiction, seduction, and contagion. Through the manipulation of these concepts, a linkage is created between sexual acts, sexual identities, the destruction of the gay male body, and a threat to the health and safety of the body politic as a whole.
Military Justice: From Oxymoron To Aspiration, Janet Walker
Military Justice: From Oxymoron To Aspiration, Janet Walker
Osgoode Hall Law Journal
The mandate for Charter-based judicial review of military law is now in its second decade. Comparative analysis of the relationship between military law and the civilian judiciary in common law countries reveals that Canadian courts benefitting from this mandate are so placed within the constitutional structure as to be uniquely able to engage in substantive review of the adherence to the principles of fundamental justice by Canadian courts martial. Accordingly, the question of the jurisdiction of military tribunals which has formed the focal point internationally for judicial review is of passing significance in Canada. The yet critical issues of civilian …
"Artificial Conscience": Professional Elites And Professional Discipline From 1920 To 1950, James A. Smith
"Artificial Conscience": Professional Elites And Professional Discipline From 1920 To 1950, James A. Smith
Osgoode Hall Law Journal
Recent historical studies of the British and American Bars have identified their professional elites' willingness to define and enforce a concept of legal ethics which restricted less fortunate members' ability to practice and less fortunate individuals' ability to obtain legal assistance. This essay applies the thesis to the Canadian Bar's and especially the Law Society of Upper Canada's use of their increasing control over professional discipline from 1920 to 1950. Identifying similar trends in the Canadian profession's evolution, while emphasizing effects rather than intentions, it makes similar conclusions about the Canadian professional elite's use of such powers during this period.