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Full-Text Articles in Legal History
Acouple Of Generations Ahead Of Popular Demand': The First National Law Program At Mcgill University, 1918-1924, John Hobbins
Acouple Of Generations Ahead Of Popular Demand': The First National Law Program At Mcgill University, 1918-1924, John Hobbins
Dalhousie Law Journal
Following the First World War, Dean Robert Warden Lee introduced some radical changes to the curriculum at the McGill Law Faculty Three-year courses were instituted leading to either a civil law degree or a common law degree, and a four-year course in which both degrees could be obtained. The program was extremely controversial, running into opposition within the part-time faculty the Montreal legal community and the bar societies of several provinces. Difficulties in obtaining professional accreditation for the common law graduates led to a decline in enrollment, and the common law option was discontinued in 1926. Lee's vision of a …
Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk
Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk
Dalhousie Law Journal
During the 1930s. scholars in the Canadian common law schools introduced fundamental changes in ways of thinking about law, changes that made one of them. John Willis, say 'the world was turned upside down." These scholars rejected the past, especially the English legal thought of the late nineteenth century Instead, they were influenced by changes in the United States, which began early in the century, and by the emerging regulatory and welfare state. In private law subjects, Caesar Wright was central, using American ideas to challenge the dominant English authority, especially in his writing about torts. In public law subjects, …
Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety
Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety
Dalhousie Law Journal
Does discrimination law have anything in common with the common law? This question, which may have been reworded from time to time in deference to the age in which it was raised, is one which has recurred with remarkable tenacity throughout most of this century. It is also a question which continues, despite initial impressions, to be relevant to the manner in which adjudicatots interpret and apply anti-discrimination legislation today.
Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes
Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes
Dalhousie Law Journal
In The Civil Law System of the Province of Quebec, Jean-Gabriel Castel writes, To know the Quebec law of contract, it is sufficient to read the articles of the Civil Code dealing with this topic and the cases decided since its enactment. If in the common-law system it is absolutely necessary to know history to understand, for instance, the essential division between law and equity ... this is not the case in France or in Quebec. There, the civil law is logically organized, it is not the product of a historical evolution or of a long line of decided cases. …
The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson
The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson
Dalhousie Law Journal
Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …
Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik
Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik
Dalhousie Law Journal
Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Dalhousie Law Journal
In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.