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Full-Text Articles in Jurisprudence
New Approaches To Legal Study, Philip Slayton
New Approaches To Legal Study, Philip Slayton
Dalhousie Law Journal
Most lawyers - be they practitioners, judges, or just plain academics - have a fairly clear idea of what it is they must do when "studying law". Most lawyers, without giving the matter very much thought, concern themselves with interpreting statutes according to well-understood principles, analysing cases using time-honoured notions such as stare decisis, ratio decidendi, and obita dicta, and occasionally (very occasionally, with much trepidation and many disclaimers) venturing a policy suggestion or two. Not many have wanted to do much else, and few have suggested any virtue in trying anything new. But the winds of change appear to …
A Theory Of Justice, Richmond Campbell
A Theory Of Justice, Richmond Campbell
Dalhousie Law Journal
In A Theory of Justice John Rawls constructs a comprehensive social contract theory of justice to stand as a substantive alternative to utilitarianism. This work combines and develops the ideas of earlier essays, such as "Justice as Fairness" (1958), "The Sense of Justice" (1963), "Constitutional Liberty" (1963) and "Civil Disobedience" (1966), into a systematic moral and political philosophy of astonishing power and subtlety. I shall sketch its main principles, their derivation and justification, and then raise some questions about the supposed opposition between the standards of justice and utility.