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Full-Text Articles in Law
The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie
The Philosopher And The Developer: Pluralist Moral Theory And The Law Of Condominium, Jason Leslie
Osgoode Hall Law Journal
This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides a flexible tool for ownership and private land use planning. Condominium, however, also poses novel and unique challenges to both legal doctrine and the very meaning of private property. After describing and comparing the pluralist approach to moral philosophy of property and the approach of its main rivals—deontology and utilitarianism—the paper describes how condominium is understood by each approach and …
Legal Pluralism And Human Agency, Jeremy Webber
Legal Pluralism And Human Agency, Jeremy Webber
Osgoode Hall Law Journal
Much legal-pluralist scholarship tends to naturalize "the law of the context," treating that law as though it were inherent in social interaction, emerging spontaneously, without conscious human decision. This view overstates the role of agreement in human societies and mischaracterizes the nature of law, including non-state law. All law is concerned with establishing a collective set of norms against a backdrop of normative disagreement, not agreement. It necessarily contains mechanisms for bringing contention to a provisional close, imposing a collective solution. This article presents a theory of legal pluralism that takes human disagreement seriously. The theory retains four themes crucial …
Pluralism, Disagreement, And Globalization: A Comment On Webber's "Legal Pluralism And Human Agency", David Schneiderman
Pluralism, Disagreement, And Globalization: A Comment On Webber's "Legal Pluralism And Human Agency", David Schneiderman
Osgoode Hall Law Journal
No abstract provided.
H. L. A. Hart: A Life In The Perspective Of Law And Philosophy; A Life Of H. L. A.: The Nightmare And The Noble Dream, By Nicola Lacey, Keith Culver
Osgoode Hall Law Journal
No abstract provided.
Carl Schmitt's Nomos Of The Earth, Mark Antaki
Carl Schmitt's Nomos Of The Earth, Mark Antaki
Osgoode Hall Law Journal
No abstract provided.
Law's Meaning, Brian Slattery
Law's Meaning, Brian Slattery
Osgoode Hall Law Journal
It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant and self-serving. However, there is more to it than meets the eye. Drawing on an example from the world …
Michael And Me: A Postmodern Friendship, Allan C. Hutchinson
Michael And Me: A Postmodern Friendship, Allan C. Hutchinson
Osgoode Hall Law Journal
This paper offers a review of The Limits of Freedom of Contract as an exercise in postmodern critique and politics. It examines the extent to which the book is informed by the postmodern motifs of contingency and indeterminacy. It attributes difficulties in Michael's analysis to a lack of postmodern nerve. Finally, it provides a contrast to a law-and-economics notion of citizenship which is applied to the problem of racist practices in the marketplace.