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Dalhousie Law Journal

1973

Articles 1 - 17 of 17

Full-Text Articles in Law

The Civil Law Of Quebec: Some Disjointed Notes For A Lecture, G. V. V. Nicholls Dec 1973

The Civil Law Of Quebec: Some Disjointed Notes For A Lecture, G. V. V. Nicholls

Dalhousie Law Journal

Quebec private law, though not the public law, can be regarded as a reasonably characteristic example of that system of law known as the Civil Law, one of the world's great legal systems; and you live in the province of Prince Edward Island and I of Nova Scotia, where another of the world's great systems flourishes, the Common Law - you will notice that I say "another", not "the other". It is right and proper that we should attempt to familiarize ourselves with at least one other system of law besides our own, not necessarily with the detailed rules, which …

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The Québec Advisory Council On The Administration Of Justice Le Conseil Consultatif De Justice, Maxwell Cohen Dec 1973

The Québec Advisory Council On The Administration Of Justice Le Conseil Consultatif De Justice, Maxwell Cohen

Dalhousie Law Journal

Among the classical problems of democratic government perhaps few are so continuing in their challenge to the political imagination as the creation of better methods to balance the interests and the strategies of the governors and the governed. While in a loose sense democratic systems posit the notion that 'sovereignty' lies with 'the people' it is not without significance that the New Left and their varied allies now employ "power to the people" as a slogan that becomes a critique of the conventional machinery of representative government. For these reasons there are to be found, increasingly, in many western democratic …

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Misleading Advertising: Prevent Or Punish?, Patrick Fitzgerald Dec 1973

Misleading Advertising: Prevent Or Punish?, Patrick Fitzgerald

Dalhousie Law Journal

I "Promise, great promise," said Dr. Johnson, "is the soul of advertisement." But what if the promise isn't kept? What sort of crime is that? No crime at all, at common law. The common law allotted promises and their breach not to the criminal law but to the law of contract. More important still, the law saw the problem of advertising as part of a wider problem to be solved not by law but by a different institution - the market. The problem of advertising, after all, is one special facet of the conflict between seller and buyer.' According to …

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Pornography As A Species Of Second-Order Sexual Behaviour. A Submission For Law Reform, R. A. Samek Dec 1973

Pornography As A Species Of Second-Order Sexual Behaviour. A Submission For Law Reform, R. A. Samek

Dalhousie Law Journal

The immediate subject-matter of law reform is law, and the immediate reason for reforming the law is dissatisfaction with the law as it is; but the ultimate subject-matter of law reform is the human behaviour contained in a social practice, and the ultimate reason for reforming the law is dissatisfaction with such behaviour. The immediate task of the law reformer is to bring about a change in the legal rules; but his ultimate task is to bring about a change in human behaviour. Hence, law reform ultimately presupposes a set of evaluative standards according to which human behaviour can be …

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Zoning: Avenues Of Reform, Stanley M. Makuch Dec 1973

Zoning: Avenues Of Reform, Stanley M. Makuch

Dalhousie Law Journal

"Planning is not simply a matter of allocating land for various kinds of development. It is also concerned with the form of development and redevelopment, and with the quality of the physical environment that is produced. 'In the end what matters is not simply where development takes place: its form is equally important and the planning system will be judged by the quality of the results it produces." Although the above statement may be viewed by some to be a statement of the very obvious, and to be almost axiomatic in nature, such is not the case. A history of …

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Comparative Criminal Law Within The Soviet Union: A Review, William E. Butler Dec 1973

Comparative Criminal Law Within The Soviet Union: A Review, William E. Butler

Dalhousie Law Journal

The application of the comparative method to the study of two or more legal systems has led a jaded existence in the Soviet Union, for a variety of reasons. As a technique of inquiry, it has been acceptable only insofar as its utilization conforms to the general methodology of dialectical and historical materialism: "It is wrong to think," a Soviet jurist has argued, "that research procedures make up a series of instruments that, from an ideological and political point of view, are neutral."' Marxist jurists consequently have no sympathy for the view that ''comparison" is some type of "objective" or …

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Three Reviews Of R. M. Burns (Ed.), One Country Or Two?, L. C. Green Dec 1973

Three Reviews Of R. M. Burns (Ed.), One Country Or Two?, L. C. Green

Dalhousie Law Journal

One Country or Two is an excellent book on the most critical subject faced by Canadians. It discusses Canada's nationhood and the issues of its survival as a political marriage of two peoples and two cultures. Ten main essays are edited by R. M. Burns, introduced by Principal John Deutsch, and provided with a reflective postscript by one of the essayists, Richard Simeon, who reviews some features of Quebec society in the light of the October crisis of 1970. All contributors are English-speaking Canadians and all except three are on the faculty of Queen's University. The essays are not uniform …

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A Prospectus For Canadian Legal History, R. C. B. Risk Dec 1973

A Prospectus For Canadian Legal History, R. C. B. Risk

Dalhousie Law Journal

The study of legal history can be a useful and scholarly undertaking. An understanding of the uses and limits of law is useful, if not necessary, for any civilized community, and a study of legal history is one way, although not the exclusive way, of achieving this understanding. More generally, our understanding of history cannot be complete without some understanding of its legal elements. Therefore, the study of Canadian legal history should be respectable and flourishing, but it is not. It has been greatly neglected, and most of the little work that has been done has reflected limited interests. Lawyers …

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Anti-Guest Statutes And Marital Immunity For Torts In Conflict Of Laws: Techniques For Resolving Ostensible True Conflict Cases And Constitutional Limitations, Moffatt Hancock Sep 1973

Anti-Guest Statutes And Marital Immunity For Torts In Conflict Of Laws: Techniques For Resolving Ostensible True Conflict Cases And Constitutional Limitations, Moffatt Hancock

Dalhousie Law Journal

In the now historic case of Babcock v. Jackson, decided in 1963, the New York Court of Appeals introduced an apparently novel mode of analyzing tort choice-of-law issues that has achieved remarkable popularity with the judges of other states. It has been adopted in tort cases where the facts and issues were quite different from those of Babcock v. Jackson and in contract cases as well. Why does the Babcock v. Jackson methodology appeal so strongly to the judges of the highest state tribunals? The short answer is that this methodology is extremely realistic; it brings the judges directly to …

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The Nova Scotia Trade Union Act, 1972, Innis Christie Sep 1973

The Nova Scotia Trade Union Act, 1972, Innis Christie

Dalhousie Law Journal

The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.

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Labour Relations And Public Policy: Perspectives On The Future, Robert W. Cox Sep 1973

Labour Relations And Public Policy: Perspectives On The Future, Robert W. Cox

Dalhousie Law Journal

What follows is an attempt to look at salient emerging issues for public policy in the labour relations field using a global framework so as to place the North American situation within the world-wide picture. It is now trite and superficial to speak of global "interdependence" in politics, economics and ecology. The concept "interdependence" implies a spurious equality, which diverts from and tends to obscure the dominancies and dependencies of global power relations.

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New Approaches To Legal Study, Philip Slayton Sep 1973

New Approaches To Legal Study, Philip Slayton

Dalhousie Law Journal

Most lawyers - be they practitioners, judges, or just plain academics - have a fairly clear idea of what it is they must do when "studying law". Most lawyers, without giving the matter very much thought, concern themselves with interpreting statutes according to well-understood principles, analysing cases using time-honoured notions such as stare decisis, ratio decidendi, and obita dicta, and occasionally (very occasionally, with much trepidation and many disclaimers) venturing a policy suggestion or two. Not many have wanted to do much else, and few have suggested any virtue in trying anything new. But the winds of change appear to …

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Le Rôle Le Du Droit Comparé Et Les Transformations Du Droit Criminelmoderne, Marc Ancel Sep 1973

Le Rôle Le Du Droit Comparé Et Les Transformations Du Droit Criminelmoderne, Marc Ancel

Dalhousie Law Journal

Tous les comparatistes et, plus généralement encore, tous les juristes soucieux de la cooperation juridique internationale serjouiront de voir paraitre au Canada une nouvelle revue consacre aux problmes du droit et des sciences sociales annexes. Le Canada n'est-il pas le lieu de rencontre privilgi6 de deux cultures juridiques et des deux grands systmes traditionnels qui se sont partagés le monde, le systéme "romaniste" et celui de common law? Cette creation méme nous invite A réflchir davantage sur l'approche comparative des systémes - et des problmes - en presence. I1 est superflu de rappeler que jamais le droit comparé ou, si …

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The Case Against Entrenchment Of A Canadian Bill Of Rights, Douglas A. Schmeiser Sep 1973

The Case Against Entrenchment Of A Canadian Bill Of Rights, Douglas A. Schmeiser

Dalhousie Law Journal

A limited form of judicial review has always been a prominent feature of Canadian federalism. Immediately after confederation, Canadian Courts assumed the jurisdiction to declare a statute to be beyond the legislative competence of the enacting body.' Until comparatively recently, Courts have also assumed that a totality of unrestricted legislative power resides in Parliament and the Provincial legislatures, i.e., as long as legislative jurisdiction exists, there is no limitation on the nature of legislation which may be passed.

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Evolution Of The Canadian Tax Reform, John G. Head Sep 1973

Evolution Of The Canadian Tax Reform, John G. Head

Dalhousie Law Journal

The passage of the Tax Reform Bill in December 1971 marked the end of an extraordinary decade of inquiry and debate on federal tax reform in Canada. Minor (and some major) changes are still being made, and a further instalment of reform is to be expected in the area of sales taxation. The more controversial issues of tax reform in the field of income taxation have, however, been finally settled, at least for the next few years and probably for a much longer period. While business firms, families and the government wrestle with the complexities of the new system, it …

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Reform Of The Law Of Evidence In Criminal Cases, J. A. Coutts Sep 1973

Reform Of The Law Of Evidence In Criminal Cases, J. A. Coutts

Dalhousie Law Journal

Events surrounding the recent proposals for the reform of the English law of evidence in criminal cases may be thought to afford a cautionary tale, indicating the wrong way to engage in public debate upon such matters. In 1964, the Home Secretary asked the Criminal Law Revision Committee to review the law of evidence in criminal cases. Before its Report1 was published (some eight years later), and, indeed, before the Home Secretary had himself received it, there occurred a flood of critical comment in the Press and on radio and television, and questions in Parliament, on what were thought (not …

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A Theory Of Justice, Richmond Campbell Sep 1973

A Theory Of Justice, Richmond Campbell

Dalhousie Law Journal

In A Theory of Justice John Rawls constructs a comprehensive social contract theory of justice to stand as a substantive alternative to utilitarianism. This work combines and develops the ideas of earlier essays, such as "Justice as Fairness" (1958), "The Sense of Justice" (1963), "Constitutional Liberty" (1963) and "Civil Disobedience" (1966), into a systematic moral and political philosophy of astonishing power and subtlety. I shall sketch its main principles, their derivation and justification, and then raise some questions about the supposed opposition between the standards of justice and utility.

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