Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Jurisprudence

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Angela P Harris

No abstract provided.


Battered But Not Beaten: Women Who Kill In Self Defence, Ian D. Leader-Elliott Professor Dec 1992

Battered But Not Beaten: Women Who Kill In Self Defence, Ian D. Leader-Elliott Professor

Ian D Leader-Elliott Professor

This essay commences with a critical evaluation of the battered woman syndrome. It continues with an illustrative biographical fragment, before discussing the polemics of excuse and justification in American criminal law. The concluding section provides an account of the law of self defence and provocation in their application to defensive homicides against attack by an intimate aggressor. The argument of the essay is that Australian common law is capable of discriminating and compassionate justice, in cases of self defence against intimate aggressors and provocation by intimate aggressors. Recourse to the dubious theory that the victims of domestic violence are characterised …


"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Marjorie M. Shultz

No abstract provided.


Conflict Of Laws In Canada: The Case For An Interpretive Approach, Shelley M. Kierstead Dec 1992

Conflict Of Laws In Canada: The Case For An Interpretive Approach, Shelley M. Kierstead

Shelley M. Kierstead

In this work, current Canadian conflict of laws principles arc canvassed in order to assess whether the methodology underlying the adjudication of conflicts cases has shed its formalist roots, and to determine the extent to which judges have become aware of the need to consider Canada’s constitutional realities when deciding such cases. Additionally, an examination of the applicability of the Canadian Charter of Rights and Freedoms to questions of jurisdiction and choice of law is undertaken. It is argued throughout the thesis that the Supreme Court of Canada holds the key to integrating federalism concerns with conflicts cases. A survey …


Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery Dec 1992

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Brian Slattery

No abstract provided.