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Contents: I. The context of law reform in Canada II. The law reform movement in Canada 1. The pre-modern concept of law reform 2. Modern law reform 3. Post-modern law reform III. Conclusion

Abstract. The systemic concept of national law which emerged in the XIXth century in Europe had important consequences for the definition and use of foreign law. Foreign law came to be sharply distinguished from national law, and the principle of global disunity which underlay national unifications of law meant that foreign law had to be presumed to be in conflict with national law. Private international law became a necessary form of international ordering.
This article explores the effect on such thinking of the current process of harmonization of law, which is taking place in Europe and elsewhere in the world. The reasons for this harmonization are also examined. It is argued that harmonization blurs the distinction between foreign and national law; that the presumption of conflict amongst national laws can no longer be sustained; and that current rules and principles governing the use of foreign law should therefore be re-examined, to reflect the harmonization process.
Résumé. La conception systémique de droit national qui est devenue courante au XIXe siècle avait des conséquences importantes pour la définition et l'emploi du droit étranger. Le droit étranger est devenu radicalement distinct du droit national et le principe de désunion global qui était à la base des unifications nationales du droit a mené à une présomption de conflit entre le droit national et le droit étranger. Le droit international privé est devenu un moyen essentiel de la coordination international.
Cet article examine l'effet sur ces idées du processus d'harmonisation des droits qui a lieu actuellement en Europe et dans le monde. Sont examinées aussi les raisons pour cette harmonisation. L'article suggère que l'harmonisation rend moins nette la distinction entre le droit national et le droit étranger; qu'une présomption de conflit entre les droits nationaux ne peut plus étre soutenue; et que les règles et les principes qui gouvernent l'emploi du droit étranger devraient étre ré-examinés pour mieux refleter le processus d'harmonisation.

H. Patrick Glenn (1940-2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed

H. Patrick Glenn (1940-2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.

This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic

This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic