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Full-Text Articles in Law
Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan
Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan
Dalhousie Law Journal
In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …
Western In The 1980'S, W B. Rayner
Western In The 1980'S, W B. Rayner
Dalhousie Law Journal
When one is asked to write on the development of one's faculty over a decade, the most difficult part of the task is simply to determine where to begin. After some thought, I came to the conclusion that the most appropriate starting point is the statement of the objective that appears in the "Dean's Message" contained in our Calendar. We state that our objective is "to offer students a liberal education through the critical study of legal and related materials in preparation for the private practice of law, for government service and for kindred vocations." In short, we wish to …
Nomos And Thanatos (Part A). The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin
Nomos And Thanatos (Part A). The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin
Dalhousie Law Journal
Law, is so far as it sanctions the coercive power of the state, enables people to do frightening - even deadly - things to each other. Contemporary jurisprudence, the explanatory and justificatory voice of legal practice, fails to interrogate law's interconnection with violence and death and therefore, by a sin of omission, legitimizes humankind's mutual inhumanity. The end result is jurisprudential tolerance of, and acquiescence in, societies underpinned by violence. By identifying the nexus between community (nomos) and death (thanatos), this, admittedly speculative, essay attempts to raise the possibility of a discourse, practice and society that can encourage, reflect and …
Equal Protection In Enforcement Towards More Structured Discretion, Peter Finkle, Duncan Cameron
Equal Protection In Enforcement Towards More Structured Discretion, Peter Finkle, Duncan Cameron
Dalhousie Law Journal
How often has it been said by administrators, politicians and members of the general public that a certain law is good, the problem is that it is not enforced?1 The very form of the question expresses the fact that for the general public and politicians alike, not to mention the legal profession, the law is usually thought of as that which is written in the books. In reality, however, that written law is only part of a much broader legal process which includes the decisions of those charged with the responsibility of enforcement and, indeed, the activities of judges and …