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Full-Text Articles in Law
A "Reasonable" Expectation Of Sexual Privacy Inthe Digital Age, Moira Aikenhead
A "Reasonable" Expectation Of Sexual Privacy Inthe Digital Age, Moira Aikenhead
Dalhousie Law Journal
Two Criminal Code offences, voyeurism, and the publication of intimate images without consent, were enacted toprotect Canadians' right to sexual privacy in light of invasive digital technologies. Women and girls are overwhelmingly targeted as victims for both of these offences, given the higher value placed on their non-consensual, sexualised images in an unequal society.Both offences require an analysis ofwhether the complainant was in circumstances giving rise to a reasonable expectation of privacy, and the use of this standard is potentially problematic both from a feminist standpoint and in light of the rapidly evolving technological realities of the digital age. This …
The Hidden Gender Of Law, Christine Boyle
The Hidden Gender Of Law, Christine Boyle
Dalhousie Law Journal
Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …
Canadian Tort Law: A Review For The Nineties, B T. Hill
Canadian Tort Law: A Review For The Nineties, B T. Hill
Dalhousie Law Journal
My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the …
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Nomos And Thanatos (Part B). Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation?, Richard F. Devlin
Dalhousie Law Journal
In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …