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Full-Text Articles in Rule of Law
Introduction To The Edward Elgar Research Handbook On Law And Emotion, Susan A. Bandes, Jody Lynee Madeira, Kathryn D. Temple, Emily Kidd White
Introduction To The Edward Elgar Research Handbook On Law And Emotion, Susan A. Bandes, Jody Lynee Madeira, Kathryn D. Temple, Emily Kidd White
Articles & Book Chapters
The role of emotion in law has long been shrouded in mystery. The legal system is built on assumptions about human behavior, including assumptions about emotion. Thus, unavoidably, understanding emotion is an essential part of building a fairer, more effective system. Yet the emergence and growth of Law and Emotion as a field of study has been slowed by the belief that merely by acknowledging emotion, scholars and jurists would undermine the rule of law. It has been further hampered by the suspicion that emotions are too ephemeral or subjective to be understood in any systematic way. For too long, …
Images Of Reach, Range, And Recognition: Thinking About Emotions In The Study Of International Law, Emily Kidd White
Images Of Reach, Range, And Recognition: Thinking About Emotions In The Study Of International Law, Emily Kidd White
Articles & Book Chapters
There is much critical potential in bringing together the philosophy of emotion and the study of international law. Narratives about legitimate political and legal authority have tended to either assume that it is possible to extricate emotions from political judgement, or to rest upon uncomplicated (and wholly demystified) assumptions about the legibility of emotions over time and place. Philosophers interested in emotion have regularly grappled with questions concerning an emotion’s reach and range (insofar that the emotion in question bears an intersubjective component), and recognition (comprehensibility) of emotions beyond one’s own social and political communities (or even beyond one’s self). …
E.P. Thompson And The Rule Of Law: Qualifying The Unqualified Good, Douglas Hay
E.P. Thompson And The Rule Of Law: Qualifying The Unqualified Good, Douglas Hay
Articles & Book Chapters
No abstract provided.
The Rule In Hodge's Case: Rumours Of Its Death Are Greatly Exaggerated, Benjamin Berger
The Rule In Hodge's Case: Rumours Of Its Death Are Greatly Exaggerated, Benjamin Berger
Articles & Book Chapters
Certain academic commentators and Canadian courts have announced the death of the rule in Hodge's Case. The author challenges this proclamation of death, observing that Hodge's rule is a particular manifestation of the epistemology that informs our law of evidence. He argues not only that the rule is doctrinally intact, but that the principles and spirit that animate Hodge's rule have broad influence in our law of evidence and have utility in the appellate review of unreasonable verdicts. Hodge's rule, Hodge-like reasoning, and the associated epistemology, are alive and well in Canada.
The Supreme Court Of Canada's Tax Jurisprudence: What's Wrong With The Rule Of Law, Lisa Philipps
The Supreme Court Of Canada's Tax Jurisprudence: What's Wrong With The Rule Of Law, Lisa Philipps
Articles & Book Chapters
This paper reviews the history of the Supreme Court's tax jurisprudence focussing on the Court's ongoing struggle to define its proper institutional role in the creation and interpretation of the tax laws. An emprical overview is first presented to document the changing nature and volume of the Court's taxation caseload through history, and this is related to the evolution of Canada's fiscal system. Selected judgments from differing periods are then examined to illuminate how the Court has conceived its role in the adjudication of tax issues. The author suggests that tax decisions have been strongly informed by a classical liberal …
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Articles & Book Chapters
This comment provides a critique of the Supreme Court of Canada's decision in R. v. Butler, which held that section 163(8) of the Criminal Code, defining obscenity, is a reasonable limit on freedom of expression under section 1 of the Canadian Charter of Rights and Freedoms. Before discussing the Charter, the Court expanded the scope of section 163(8) to include a prohibition against sexually explicit material that is degrading or dehumanizing. Initially, the author is critical of the Court's methodology, which enlarged section 163(8) at the expense of expressive freedom, without even mentioning the Charter. Once the Court had interpreted …
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
Articles & Book Chapters
The author submits that the logic and purpose of the Canadian Charter of Rights and Freedom, as it was originally conceived, demand that the substantive rights be given a broad and literal interpretation with limitations imposed exclusively under section 1. This distinction between breach and justification must be maintained to preserve the Charter's integrity. The author suggests that the Supreme Court of Canada's decision in Irwin Toy will only perpetuate the confusion surrounding Charter interpretation. The Court again failed to articulate a concrete conception of section 1 review, and, in obiter dicta, noted that forms of expressive activity having physical …