Law Commons^™

The First Cut Is (Not) The Deepest: Deconstructing "Female Genital Mutilation" And The Criminalization Of The Other, David Fraser

Dalhousie Law Journal

Deconstruction, as a 'philosophy'andas a strategy for the reading of texts, offers us the ability to engage in a politics and ethics of justice which seeks to recognize our responsibility to the Other. By 'reading' 'female genital mutilation' with this obligation in mind, this article attempts to deal with the prejudices and barriers to justice which present themselves to those of us in the West who seek an engagement with the Other. The article offers a warning and a reading of the 'text' of 'female genital mutilation' informed by our obligation to justice.

Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier

Dalhousie Law Journal

While the shortcomings of the common law rules of private international law were being reformed by statute in England, Canadian law, left to judicial development, remained mired in nineteenth-century thinking. A much overdue reassessment was finally undertaken by the Supreme Court earlier this decade. In Morguard Investments Ltd. v. De Savoye and Hunt v. T & N plc the Court recast the common law rules on jurisdiction and the enforcement of foreign judgments to conform with its perception of the "new world order" and Canadian federal structure. It then proceeded to endow these rules with constitutional authority. Although the Court's …

A Lot Of Knowledge Is A Dangerous Thing: Will The Legal Profession Survive The Knowledge Explosion?, H W. Arthurs

Dalhousie Law Journal

Professor Arthurs argues that with the growth and diversification of knowledge, the common body of knowledge that underpins a unified profession is becoming more difficult to sustain. The desire to know, the need to know and the resources to know have divided lawyers into subprofessions, increasingly defined by the non-lawyers with whom they work and the clienteles they serve, bound togetherif at all-only by nostalgia and some residuum of self-interest.

Judgment, Philippe Nonet

Vanderbilt Law Review

To judge, in Latin judicare, is to say the law, jus dicere, whence juris-dictio.

The above sentence is a possible answer to the question: what is judging? It spells out what the word "to judge" says, by recalling the history from which the word originates. Why would anyone ask this question? How helpful is such an answer?

Everyone knows what it is to judge. Only on the ground of such self-evidence could there be that unabating debate on the ' justification" of particular judgments, which is the day to day business of lawyering. Only because the question can be passed …

Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock

Osgoode Hall Law Journal

This rejoinder to the foregoing critiques of the author's book, The Limits of Freedom of Contract, focuses on several themes: a) what range of contractually-related issues do courts possess the requisite institutional competence to address? b) whether problematic normative issues in contract law are amenable to rational analysis and at least provisional resolution, or are inherently indeterminate, contingent, and political? c) what the value of individual autonomy implies in terms of the type of transactions parties should be permitted to engage in? d) whether an "internal" rather than consequentialist theory of contract law is conceivable? and e) whether autonomy values …

The Idea Of A Public Basis Of Justification For Contract, Peter Benson

Osgoode Hall Law Journal

The essay has two main objects. The first is to take up and to develop certain of the difficulties that Professor Trebilcock finds with autonomy and welfare-based theories of contract law. The essay reaches the conclusion that efficiency, autonomy, and welfare approaches suffer from fundamental and yet qualitatively different kinds of defects. Moreover, in the course of its critical examination of these theories, the essay introduces and makes explicit an ideal of justification which The Limits of Freedom of Contract only implicitly assumes-an ideal of justification which the essay, following the recent work of Rawls, calls a "public basis of …

Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin

William & Mary Law Review

No abstract provided.

Analytic Deconstructionism? The Intellectual Voyeurism Of Anthony D'Amato, Alan R. Madry

Fordham Law Review

No abstract provided.

Domestic Relations Jurisprudence And The Great, Slumbering Baehr: On Definitional Preclusion, Equal Protection, And Fundamental Interests, Mark Strasser

Fordham Law Review

No abstract provided.

The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch

Fordham Law Review

No abstract provided.