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Lost In Translation? The Difference Between Hearsay Rule's Historical Rationale And Practical Application, Christopher Lloyd Sewrattan
Lost In Translation? The Difference Between Hearsay Rule's Historical Rationale And Practical Application, Christopher Lloyd Sewrattan
LLM Theses
An examination of the difference between the hearsay rules historical rationale and current application. The analysis occurs in three steps. In section 1, the historical rationale of the hearsay rule is identified through a reconciliation of competing theories. Section 2 analyses the difference between the hearsay rules historical rationale and the application of the exclusionary hearsay rule. Section 3 analyses the difference between the hearsay rules historical rationale and the application of some categorical hearsay exceptions.
Overall, the thesis finds that the hearsay rules historical rationale has three aspects: concern with the inherent reliability of hearsay evidence, concern with procedural …
Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips
Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips
LLM Theses
This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke grassroots narratives grounded in experience. In order to better elucidate the relationship between legal and experiential discourses, the author compares recent legal discourse on sexual assault focusing on two Supreme Court of Canada decisions with women's own accounts of sexual violence, as presented in mainstream news media in the wake of the 2014 Jian Ghomeshi story. The findings, examined through the lens of feminist scholarship, support a view …