The categories of “unique circumstances” that were outlined in Gladue take on meaning by reference to vastly different cultures, histories, experiences, legal traditions, programs, and justice initiatives across Canada. Its broadest principles are now applied in several analogous contexts...
Jurisprudence
After examining the historical origins of the concepts of Rule of Law, Rechtsstaat and Etat de droit, the report looked at these concepts in positive law. In international law, they appear in a number of treaties but also in...
Party government indeed means nothing better than party trickery to those who furnish the entire wealth of the country. Tories and Liberals only vie with one another as to which shall most dexterously shelve the pressing social questions of...
The jurists who believe in natural law seem to me to be in that naïve state of mind that accepts what has been familiar and accepted by them and their neighbors as something that must be accepted by all...
The growth of education is an increase in the knowledge of measure. To use words familiar to logic and to science, it is a substitution of quantitative for qualitative judgments. The difference between the criticism of a work of...
The question is how far the law ought to go in aid of the writers. In the case of contracts, to begin with them, it is obvious that they express the wishes not of one person but of two,...
Two other types of liability, contractual and relational, must receive brief notice. The former has long done valiant service for the will theory. Not only liability arising from legal transactions but liability attached to an office or calling, liability...
A good check upon that sentiment of power-worship which still misleads us by magnifying the prerogatives of constitutional governments as it once did those of monarchs. Let men learn that a legislature is not "our God upon earth," though,...
, What constitutes the law? You will find some text writers telling you that it is something different from what is decided by the courts of Massachusetts or England, that it is a system of reason, that it is...
I answer that, Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for "lex" [law] is derived from "ligare" [to bind], because it binds one to act. Now the...
The lesson should be clear to every American: Judges matter. And that means the selection of good judges should be a priority for all of us. I appreciate that many people listening today and here in this room have...
