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Dalhousie Law Journal

Articles 61 - 90 of 95

Full-Text Articles in Legal History

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson May 1991

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson

Dalhousie Law Journal

Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …

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Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes Oct 1990

Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes

Dalhousie Law Journal

The Calgary Law Faculty is the youngest of the Canadian Law Schools, having been established in 1976. During the period under review the Faculty tackled developmental challenges that older Canadian law schools had faced years ago in generally less stringent economic times.

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The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée Oct 1990

The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée

Dalhousie Law Journal

In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …

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Mélanges. Louis-Philippe Pigeon, Marcel Joyal Oct 1990

Mélanges. Louis-Philippe Pigeon, Marcel Joyal

Dalhousie Law Journal

This is a collection of legal articles put together at the Faculty of Law, Civil Law Section, of the University of Ottawa under the direction of Professor Ernest Caparros.

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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. …

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"His Whole Life Was One Of Continual Warfare": John Thomas Bulmer, Lawyer, Librarian And Social Reformer, Philip Girard May 1990

"His Whole Life Was One Of Continual Warfare": John Thomas Bulmer, Lawyer, Librarian And Social Reformer, Philip Girard

Dalhousie Law Journal

There is a small secondary literature on Bulmer. D.C. Harvey provides an authoritative account of his career as Provincial Librarian, while Bulmer's friend Benjamin Russell concentrates on his legal career in a biographical tribute published three decades after his death.4 Aside from passing references to his devotion to the cause of prohibition, however, no one has investigated Bulmer's career as a social reformer. An over-emphasis on Bulmer's admittedly extraordinary personality has prevented a full appreciation of the complexity of this multi-faceted individual; and this gap in turn has tended to obscure an important chapter in Nova Scotian social history. This …

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The Faculty Of Law, University Of Manitoba 1964-1989, D T. Anderson May 1990

The Faculty Of Law, University Of Manitoba 1964-1989, D T. Anderson

Dalhousie Law Journal

The purpose of this brief, informal, note is to continue the account of the work and development of the University of Manitoba Faculty of Law, 1966-1984, given by C.H.C. Edwards and J.R. London in (1984), 9 Dalhousie Law Journal 166, through 1989.

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The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald May 1990

The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald

Dalhousie Law Journal

This article is about the history of an idea, and about the curriculum of a Faculty of Law within which that idea has been pursued for more than a century. Its purpose is to explore the intellectual origins of the current National Programme of legal education at McGill University, to review the circumstances of its establishment agd evolution over the past two decades, and to evaluate its prospects as the Faculty's sesquicentennial celebrations approach.

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Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik May 1990

Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik

Dalhousie Law Journal

Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.

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The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman May 1990

The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman

Dalhousie Law Journal

In the dozen years after the end of the Second World War, long-standing conflicts about the nature of education for the legal profession in Ontario became especially acute. Fortunately, climax and successful compromise came in 1957. In that year the Law Society of Upper Canada, which had controlled legal education and admission to practice from the early days of the Colony of Upper Canada, gave up its monopoly of legal education and conceded an equal position in this respect to Ontario universities willing and able to enter the field. Several were, and promptly did so. Indeed the University of Toronto …

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Newfoundland And Dominion Status, Christine Boyle May 1990

Newfoundland And Dominion Status, Christine Boyle

Dalhousie Law Journal

The relationship between Canada and Newfoundland was under stress for a number of different reasons during the eighties. There was a dispute over off-shore mineral rights' as well as concern over French fishing rights.2 For those interested in the relationship, Dr. Gilmore's book, Newfoundland and Dominion3 Status, subtitled The External Affairs Competence and International Law Status of Newfoundland, 1855-1934, therefore provides a useful historical background as well as fascinating information about the constitutional development of Newfoundland. This may be of interest as well to constitutional and international scholars generally as well as to Newfoundland's neighbours in the Maritimes.

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Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci Jan 1990

Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci

Dalhousie Law Journal

Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.

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The Role Of The Commission Counsel, John Sopinka Jan 1990

The Role Of The Commission Counsel, John Sopinka

Dalhousie Law Journal

Commissions of inquiry have been prominently featured in this country for decades. For instance the Durham Report on the 1837 Mackenzie- Papineau Rebellion was the product of a public inquiry. As well, other inquiries have played a pivotal role in the development of our public and economic life. We had, for example, the Rowell-Sirois Commission on Dominion-Provincial Relations, the Royal Commission on Bilingualism and Biculturalism, the McDonald Commission on the Economy, the Dubin Inquiry on Aviation Safety and the Estey Inquiry on Bank Failures to mention a few. In 1979, the Law Reform Commission of Canada estimated that there had …

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Legal Education In Saskatchewan 1982-1988, Daniel I. Ish Oct 1989

Legal Education In Saskatchewan 1982-1988, Daniel I. Ish

Dalhousie Law Journal

My predecessor in the office of dean, Don Clark, in an article in this Journal approximately six years ago, described in his usual eloquent fashion the development of the little law school on the prairie from its genesis in 1910. In these pages I will attempt to outline some of the developments in the College of Law during my six years as dean. I intend to adopt an intuitive, first-person narrative which, I hope, will not be too self-serving in its description of the College of Law between 1982 and 1988.

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Richard Chapman Weldon 1849-1925 Fact, Fiction And Enigma, Della Stanley Oct 1989

Richard Chapman Weldon 1849-1925 Fact, Fiction And Enigma, Della Stanley

Dalhousie Law Journal

For most contemporary students at the Dalhousie Law School Richard Chapman Weldon is probably little more than a portrait, a name on a building, a legendary figure whose memory as "the heart and soul" of the school is passed on from year to year as part of alumni tradition. Those who may have read something of the career of the first Law Dean probably have wondered if such a reportedly exceptional man ever existed. Certainly, much has been recorded in the past which exaggerate his abilities, his successes and his characteristics. Throughout his life and in death he attracted words …

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The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan Apr 1989

The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan

Dalhousie Law Journal

It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …

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The Public Dimension In Legal Education, Mark R. Macguigan Apr 1989

The Public Dimension In Legal Education, Mark R. Macguigan

Dalhousie Law Journal

Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.

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Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost Apr 1989

Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost

Dalhousie Law Journal

P. B. Waite has been hugely fortunate in his subject, Norman Archibald MacRae MacKenzie, known to his intimates as "Larry". Here is a quintessential Canadian. Born in a modest Manse in Pugwash, Nova Scotia, and schooled at Pictou Academy, he then laboured for four years on a farm in Saskatchewan, survived four years in the trenches of World War I (mostly with the Nova Scotia Highlanders, emerging without a scratch, but with a Military Medal and bar, and a promised but never confirmed commission), entered Law at Dalhousie, won a Carnegie Fellowship to Harvard and then a renewal to take …

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Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman Oct 1988

Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman

Dalhousie Law Journal

My work... has assumed the shape of ... a spiral curriculum, circling around the same issues, though trying to keep them open-ended. This statement was penned by Northrop Frye in Spiritus Mundi in the context of reflections about creativity and literary criticism, but it aptly describes as well the intellectual ferment of writing about legal education in Canada during the past few decades. Indeed, Frye's suggestion that the above quotation "may be only a rationalization for not having budged an inch in eighteen years ' may similarly offer an important clue about the legal education debate in Canada and the …

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Lord Mansfield And Negotiable Instruments, Jane D. Samson Oct 1988

Lord Mansfield And Negotiable Instruments, Jane D. Samson

Dalhousie Law Journal

In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.

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Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard Oct 1988

Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard

Dalhousie Law Journal

This book contains 30 essays covering many aspects of Quebec law,' divided into five sections: l'Etat, les personnes, les conditions de vie, les organisations, and a final section entitled l'émergence d'une science juridique. The contributions are united in a formal sense in two ways: their authors are all professors in the department of sciences juridiques at l'Université du Québec à Montréal, and they all focus on developments in the period 1970-1987. Thematically, the pieces are united, according to the preface at any rate, in providing, "une lecture critique de l'évolution des tendances de notre droit" during this agitated, exhilarating and …

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Maximilien Bibaud, 1823-1887: The Pioneer Teacher Of International Law In Canada, R Stj Macdonald Mar 1988

Maximilien Bibaud, 1823-1887: The Pioneer Teacher Of International Law In Canada, R Stj Macdonald

Dalhousie Law Journal

Maximilien Bibaud was a most unusual man: student of philosophy, history, and literature, teacher, author, chronicler and reformer of the law, founder of the first organized law school in Canada, true pioneer of the teaching of international law in this country. Insolently but exhilaratingly new in both his ideas and his techniques for legal education, Bibaud was far in advance of his time. As we mark the centenary of his death in 1987, his interests and achievements are as relevant today as they were when he opened his law school 136 years ago.

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The Legal Chapter In The Jin-Shu, Jutta Brunnée Mar 1988

The Legal Chapter In The Jin-Shu, Jutta Brunnée

Dalhousie Law Journal

Relatively little is still known of law and legal thinking in ancient China. This recent book by Robert Heuser sheds some light on this era. The book, published in German, draws upon a chapter of the Jin-Shu dynastic chronicle which surveys the events in the Chinese Empire of the first centuries, A.D.

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Les Sciences Jurisdiques À L'Université Du Québec À Montréal: Fifteen Years Later, Robert D. Bureau, Carol Jobin Sep 1987

Les Sciences Jurisdiques À L'Université Du Québec À Montréal: Fifteen Years Later, Robert D. Bureau, Carol Jobin

Dalhousie Law Journal

The experiment of the Law Department as a new approach to legal education has been going on now for 15 years. It has directly involved more than 1,500 people as students, instructors (professors and sessional lecturers) and support staff (administrative and library personnel, etc.). This experiment has a unique identity, indeed a distinctive image, which has given rise to a certain amount of controversy in the Quebec legal milieu. Especially since the debates stemming from the publication of the Law and Learning Report, it seems that the experiment has also aroused a certain amount of curiosity in the Canadian legal …

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The Law School At Windsor 1967-1987: A Teenager Comes Of Age, Neil Gold, Julio R. Menezes Sep 1987

The Law School At Windsor 1967-1987: A Teenager Comes Of Age, Neil Gold, Julio R. Menezes

Dalhousie Law Journal

The University of Windsor was established by Act of the Legislature of Ontario on July 1, 1963, one hundred and six years following an enactment by the Province of Canada to establish its predecessor, Assumption College. The new University was a federation of this Catholic College and other Christian denominational institutions, together with Essex College, a non-denominational college.

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The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp Sep 1987

The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp

Dalhousie Law Journal

The teaching of International Law at the Universit6 de Montr6al has continued to be of primary importance during the 14 academic years comprised between the years 1971 to 1985. This importance is evidenced by staff members devoting themselves, on a full-time basis, to international law and by the significant number of guest professors, sessional lecturers and teaching assistants that have been involved in the teaching of international law.

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The Canadian Institute Of Resources Law At Calgary, Constance D. Hunt Sep 1987

The Canadian Institute Of Resources Law At Calgary, Constance D. Hunt

Dalhousie Law Journal

When the University of Calgary's Law Faculty was established in 1976, one of its mandates was to develop a specialized program in resources and environmental law. This process was embarked upon immediately through the use of many resources law issues as teaching vehicles in firstyear courses such as constitutional and property law, and the development of an upper-year curriculum that featured several courses and programs in resources and environmental law. As well, generous contributions from Calgary law firms and corporations resulted in the partial endowment of a Chair of Natural Resources Law.

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International Law And The Grotian Heritage, L C. Green Sep 1987

International Law And The Grotian Heritage, L C. Green

Dalhousie Law Journal

Recent emphasis on codification of this or that aspect of international law has encouraged a number of writers to re-examine the "classics" with a view to ascertaining the extent to which we have moved from the 17th and 18th centuries and how far the views of the "teachers" are still relevant or may even today be regarded as lexferenda. Coincident with the fourth centenary of the birth of Grotius, the Interuniversitair Instituut voor International Recht T.M.C. Asser Instituut in cooperation with the Grotiana Foundation organized a commemorative colloquium in the Peace Palace and the Academy of International Law at the …

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Quebec Legal Education Since 1945: Cultural Paradoxes And Traditional Ambiguities, J Ec Brierley Jun 1986

Quebec Legal Education Since 1945: Cultural Paradoxes And Traditional Ambiguities, J Ec Brierley

Dalhousie Law Journal

Some remarkable things have occurred in Quebec legal education over the last forty years. All phases of the educational process have been the object of an official government enquiry (as a consequence of widespread student discontent that led to street demonstrations); a major sociological and futuristic study of the profession and of university studies has attempted to stimulate a major shift in the intellectual orientations of legal education to ready us for the year 2000; the loss by the Quebec legal professions of lawyers and notaries of substantial power to the profit of a government agency regulating all professions in …

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On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C. Oct 1984

On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C.

Dalhousie Law Journal

The subject of the present inquiry, is to point out the origin and sources of the laws in force in Nova Scotia, in other words, the rules by which we are to be guided in ascertaining what portions of the English Common and Statute Law, and decisions of the British courts, are to be held obligatory in the tribunals of justice in this province. Blackstone informs us, that in conquered and ceded countries that have already laws of their own, the King may alter and change those laws; but until he does actually change them, the ancient laws of the …

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