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Full-Text Articles in Jurisprudence
Common Law Property Theory And Jurisprudence In Canada, Sarah E. Hamill
Common Law Property Theory And Jurisprudence In Canada, Sarah E. Hamill
Osgoode Legal Studies Research Paper Series
In recent years, property theorists have offered varying accounts as to what exactly ownership is, typically focusing on one or more key rights to the owned thing. However, most of these theories are articulated in the abstract and do not engage the jurisprudence. This article uses the jurisprudence concerning expropriation and adverse possession to show that Canadian courts have in fact developed their own definition of ownership — one that is not reflected in the property theory discourse. The author goes on to argue that this narrower definition of ownership — made up by the rights to exclude and to …
Jurisprudence And (Its) History, Dan Priel, Charles L. Barzun
Jurisprudence And (Its) History, Dan Priel, Charles L. Barzun
Osgoode Legal Studies Research Paper Series
It is not obvious that philosophers and historians of law should take much interest in the scholarly enterprises of the other. Many legal philosophers understand their task as one of clarifying the meaning of such familiar legal concepts as “right,” “duty,” or “law” by offering analyses of them that purport to be general, abstract, and timeless. Meanwhile, historians tend to be suspicious of speculative claims ungrounded in fact and so often prefer to focus on the concrete, particular features of actual legal regimes.
But surface appearances can deceive. Unlike some other areas of philosophy, the subject matter of jurisprudence is …
The Liabilities Of Sureties, Daniel P. Cipollone
The Liabilities Of Sureties, Daniel P. Cipollone
Osgoode Legal Studies Research Paper Series
This paper provides an overview of when a surety may be released from his or her obligations under a guarantee following a material variation to the principal lending contract. Part I frames the overall discussion by reviewing the role and importance of guarantees in contemporary commerce, outlining the central tenets of guarantee obligations, and distinguishing them as a subset of indemnities. Part II reviews how sureties have traditionally enjoyed a favoured status at law as well as what, in law, is considered to constitute a material variation. Part III introduces and sets out a longstanding rule governing the liability of …