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Full-Text Articles in Law

Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

All Faculty Scholarship

No abstract provided.


Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson May 1990

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …