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Full-Text Articles in Law
The First Cut Is (Not) The Deepest: Deconstructing "Female Genital Mutilation" And The Criminalization Of The Other, David Fraser
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
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
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.