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Full-Text Articles in Jurisprudence
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Dalhousie Law Journal
There is a growing disconnect and alienation between lawyers and the legal profession in Canada. One cause, which is the focus ofthe article, is philosophical in nature. There appears to be a disconnect between the role lawyers want to pursue (i.e., a facilitator of justice) and the role that they perceive the profession demands they play (i.e., a hired gun). The article argues that this perception is a mistaken one. Over the last fifteen years, we have been engaged in a process of role morality reconstruction. Under this reconstructed institutional role, an ethic of client-centred zealous advocacy has slowly begun …
Necessity As A Justification: A Critique Of Perka, Donald Galloway
Necessity As A Justification: A Critique Of Perka, Donald Galloway
Dalhousie Law Journal
In his characteristically trenchant and influential investigation, "A Plea for Excuses",' J. L. Austin reminded us that we can and do use different strategies of defending a person when it is claimed that he has done wrong. He drew attention to two distinct tactics: One way of going about this (defending a person) is to admit that he, X, did that very thing, A, but to argue that it was a good thing, or the right or sensible thing, or a permissible thing to do . . . To take this line is to justify the action, to give reasons …