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Full-Text Articles in Law
The Matrix Of The Common Law, George L. Haskins
The Matrix Of The Common Law, George L. Haskins
Cleveland State Law Review
Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant …
An American Enforcement Model Of Civil Process In A Canadian Landscape, Bruce H. Wildsmith
An American Enforcement Model Of Civil Process In A Canadian Landscape, Bruce H. Wildsmith
Dalhousie Law Journal
One general perspective from which to view the Anglo-American legal system shared by Canada is that proposed by Charles Darwin to explain the origin and diversity of biologically distinct species. Darwin's theory of evolution places emphasis upon the adjustment or adaptation over time of biological characteristics to environmental factors by the selection of genetically determined features enabling the most suited to their surroundings to better thrive - the so-called "survival of the fittest".' Law might usefully be thought of as bearing an analogous relationship to the social environment in which it exists and must operate. As this milieu for various …
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Dalhousie Law Journal
Lawyers pride themselves on being men of reason. After all, they postulate, it is the "reasonable man" who is enshrined at the apex of the Anglo-American legal system in the adjudication of civil disputes; it is the legally trained mind that proves so finely honed a tool in the area of problem solving in private practice; the rational decisional process is the hallmark of the judicial mind. Where the life or liberty of an individual is in contention this expert "sense" of reason is brought one step further - the criminal law, with few exceptions, will not countenance a mere …
Thompson: Magna Carta, Its Role In The Making Of The English Constitution, 1300-1629., Michigan Law Review
Thompson: Magna Carta, Its Role In The Making Of The English Constitution, 1300-1629., Michigan Law Review
Michigan Law Review
A Review of MAGNA CARTA, Its Role in the Making of the English Constitution, 1300-1629. By Faith Thompson.