Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (27)
- Public Law and Legal Theory (27)
- International Law (25)
- Legal Education (25)
- Business Organizations Law (8)
-
- Commercial Law (8)
- Constitutional Law (5)
- Courts (4)
- Human Rights Law (4)
- Law and Society (4)
- Criminal Law (3)
- Environmental Law (3)
- Labor and Employment Law (3)
- Torts (3)
- Evidence (2)
- Health Law and Policy (2)
- Judges (2)
- Law and Gender (2)
- Law and Race (2)
- Legal Ethics and Professional Responsibility (2)
- Legal Profession (2)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Contracts (1)
- Disaster Law (1)
- Election Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Keyword
-
- Business Law (8)
- Common Law (7)
- Corporate Law (5)
- Common law (4)
- Courts (4)
-
- Canada (3)
- Brian Langille (2)
- Civil law (2)
- Climate Change (2)
- Employment Law (2)
- Environmental Law (2)
- Equality (2)
- Halifax (2)
- Labour Law (2)
- Legal scholarship (2)
- Pierre Schlag (2)
- 2022 SCC 36 (1)
- 2023 ONSC 2316 (1)
- Academic debate (1)
- Academic humor (1)
- Academic humour (1)
- Academic life (1)
- Access to information (1)
- Aesthetic of legal scholarship (1)
- Affirmations (1)
- African Canadians (1)
- Agency (1)
- Analogous grounds (1)
- Annapolis Group v HRM (1)
- Anti-Black racism (1)
Articles 61 - 66 of 66
Full-Text Articles in Common Law
The Future Of The Common Law Tradition, Alan Watson
The Future Of The Common Law Tradition, Alan Watson
Dalhousie Law Journal
The majority of Western systems of private law is habitually divided by scholars into civil law systems and common law systems. Eastern Canada fortunately partakes of both traditions - the civil law in Quebec and common law in the other provinces. One difference between the two traditions is the greater and earlier emphasis that was placed on the teaching of civil law in universities. In conformity to this, Quebec had three university law schools before the common law provinces had any; they were McGill (established in 1848), Laval (established in 1854), and Laval in Montreal (in 1878). But Dalhousie was …
The Common Law In The Twentieth Century, A. J. Stone Q.C.
The Common Law In The Twentieth Century, A. J. Stone Q.C.
Dalhousie Law Journal
Comparing the judicial with the legislative approach to law-making is the stuff of academic debate. I do not propose to enter upon that debate in this short discussion, except to concede that each approach has its strengths, each its weaknesses, and each its separate role. My purpose is, rather, to examine the making of law by the judiciary as it illustrates the inherent capacity of the common law for change and for growth in a dynamic society. This century has seen several extraordinary developments of the common law in Canada, England, and the United States, the leading example of which …
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Dalhousie Law Journal
Law reform is everywhere in Canada. On all sides substantial changes in diverse areas of the law are constantly being proposed by government organizations whose only purpose is to make such proposals. The reforms mooted by these bodies (these reforms are typically described as "long overdue") are generally welcomed as correcting deficiencies in law and as signalling the legal system's responsiveness to changing social and other standards. Is the law reform pace, if not furious, too fast? What is the most appropriate forum for initiating change in law? Such questions seem reasonable enough, and yet a traditionalist might well argue …
In The Last Resort: A Critical Study Of The Supreme Court Of Canada, L. C. Green
In The Last Resort: A Critical Study Of The Supreme Court Of Canada, L. C. Green
Dalhousie Law Journal
Paul Weiler has given us a book which can help end the sterile debate between the analytical school and those who advocate a policy-oriented approach to legal analysis. Weiler demonstrates that each of these groups is making a valid claim on our legal system in terms of the common law tradition, and that an appropriate style of legal reasoning in the Supreme Court of Canada requires a blending of legal policy and doctrinal analysis. The interesting thing to discover is that the style of reasoning urged by Weiler looks like the tradition of the common law at its best, as …
"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart
Dalhousie Law Journal
At the heart of procedural law lie questions concerning the role of courts in a liberal democratic state. What is the essence of their function? What is the proper relationship between the judiciary and other governmental institutions? What is the well-spring for values with which courts can make law? The questions are perennials and will be asked so long as there is interest in the workings and malfunctions of all aspects of government. Courts, like all institutions of government, are continually being assessed on their own terms and in relation to other branches. In Canada this examination has received a …
Developments In Legal Education, Faculty Of Law, Civil Law Section, University Of Ottawa, Raymond A. Landry
Developments In Legal Education, Faculty Of Law, Civil Law Section, University Of Ottawa, Raymond A. Landry
Dalhousie Law Journal
The present Faculty of Law of the University of Ottawa was inaugurated in 1953, although law had been taught at the Institution from 1887 to shortly before the First World War. This first venture in the teaching of the law was addressed to students both from Ontario and Quebec and the objective of the Faculty, at that time, was to teach both legal systems and to prepare students for the practice of law in both provinces. We will endeavour to present the developments in legal education from the perspective of the Civil Law Section although, unavoidably, the presence of the …