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"As the leading legal historian of his generation in Canada and professor at McGill University for thirty-five years, Blaine Baker (1952–2018) was known for his unique personality, teaching style, intellectual cosmopolitanism, and deep commitment to the place of Canadian legal history in the curriculum of law faculties. Written by fifteen historians, Law, Life, and the Teaching of Legal History examines important themes in Canadian legal history through the prism of Baker's career. A first group of essays discusses Baker's own research, his influence within McGill's law faculty, his complex personality, and the relationship between the private and the public in the life of a university intellectual at the turn of the twenty-first century. Additional essays, inspired by topics Baker took up in his own writing, use Baker's broad interests in legal culture to reflect on fundamental themes across Canadian legal history, including legal education, gender and race, technology, nation building and national identity, criminal law and marginalized populations, and constitutionalism. Law, Life, and the Teaching of Legal History offers contemporary analysis of Canadian legal history and thoughtfully engages with what it means to honour one individual's enduring legacy in the study of law."--

Two features of the legal regulation of childhood seem troublesome, but ultimately contribute to sensible policies in most contexts. First, the boundary between childhood and adulthood varies in different policy domains, through a regime of age grading under which elementary school students are deemed adults for some legal purposes, while, for other purposes, college students are children. Second, the transitional stage of adolescence is virtually invisible, because, for most purposes, law makers employ binary categories, classifying adolescents as either children or as adults. This framework – a series of legislative bright line rules, arrayed around a presumptive age of majority – generally promotes social welfare as well as the interests of youth. Although this approach sometimes distorts developmental reality, it accomplishes the transition from legal childhood to adulthood over time without incurring the costs associated with the creation of intermediate legal category. Indeed, the unsuccessful experience with abortion regulation (in which adolescents occupy a special category) confirms the benefits of binary classification. In the context of juvenile justice policy, however, categorical assumptions that ignore the developmental stage of adolescence have harmful outcomes. In responding to youth crime, law makers have shifted the boundary of childhood dramatically during the 20th century. The Progressive architects of the traditional juvenile court described delinquent youths as innocent children, and constructed policies that presumed that the state's sole purpose was to promote their welfare. Contemporary conservatives, in contrast, assume that young offenders are indistinguishable from adult criminals, and argue that public protection demands that they be subject to the same punishment. I argue that both of these accounts represent distortions and have been the basis of unsatisfactory policies – even in terms of the professed objectives of their adherents. A justice policy that treats adolescence as a distinct legal category not only will promote youth welfare, but will also advance the utilitarian objectives of reducing the costs of youth crime.

This article aims to make some introductory remarks concerning the phenomenon of the circulation of 'foreign law' between constitutional courts. A convenient setting for some considerations regarding this legal phenomenon is the South African constitutional jurisprudence, since Section 39 of the 1996 Constitution enables the Constitutional Court to 'consider foreign law' when interpreting the Bill of Rights. This provision has led to the wide use of foreign jurisprudence and legislation, as well as extra-systemic parameters, that have formed the basis for models of legal argumentation. The article explores what appears to be a recurring 'patterns' of legal argumentation based on foreign law used by the Court which has been defined 'probative importation'.

Hauptbeschreibung "" ... to be consulted before any significant legal debate."" W.J. Stewart in: Scots Law Times 1995This volume is concerned with the history of the concept of, or of the remedies for, unjust enrichment in the Civil law and the Common law. But this history is radically different in the two systems - different both in the starting point of each system and in the methods by which progress from that starting point was made. What for the Civil law is the starting point is for the Common law the ultimate outcome. The Civil law from its earliest medieval beginnings had bef.

Preliminary Material -- Chapter One: Introduction -- Chapter Two: English Translations -- Chapter Three: Effective Web Research -- Chapter Four: Introductory and Background Sources -- Chapter Five: Beyond Background Sources: Books, Journal Articles and More -- Chapter Six: Treaties and International Agreements -- Chapter Seven: Customary International Law, Generally Recognized Principles, and Judicial Decisions -- Chapter Eight: Foreign Law -- Chapter Nine: Comparative Law -- Chapter Ten: International Organizations -- Chapter Eleven: United Nations -- Chapter Twelve: The European Union -- Chapter Thirteen: Regional International Organizations -- Chapter Fourteen: Introduction to Researching International Topics -- Chapter Fifteen: Human Rights -- Chapter Sixteen: International Criminal Law -- Chapter Seventeen: Intellectual Property -- Chapter Eighteen: International Environmental Law -- Chapter Nineteen: International Trade Law -- Chapter Twenty: Private International Law -- Chapter Twenty-One: International Commercial Arbitration -- Chapter Twenty-Two: International Courts and Tribunals -- Appendix -- Index.

This article takes up the question of establishing what the basis of the model of distribution through social insurance is. Referring to the concepts of the base and superstructure and their meaning in Marxian economics, it was accepted that these are suitable for resolving the question posed. The theoretical research method applied was the result of the search for such concepts and tools which would facilitate an interdisciplinary approach to identification of diverse factors which comprehensively determine the economic efficiency and viability of social insurance. The labour and capital in the economy are included among the economic base factors of social insurance, as well as the primary monetary and material resources which are mobilized by insurance institutions in a first stage of its development. Labour has direct impact on base of social insurance, while the capital plays indirect role. It is finally proposed to discuss in the social insurance superstructure with few kinds of factors: finance (monetary resources and social insurance financial assets and monetary resources from state subsidies), politics (activity of the state and the law it applies, as well as customary) and eventually law and social norms (religious or cultural norms which require compliance with the law determining obligatory contributions). The base and superstructure of social insurance remain mutually dependent, providing a wide basis for understanding the economic system of social insurance.

This article discusses empirical fieldwork undertaken at the 'Justice For Sale' meeting of criminal defence lawyers, in May 2013. The fieldwork aimed to explore the views of defence lawyers in relation to the ongoing programme of reforms in their area of practice – particularly those launched by the 'Transforming Legal Aid' consultation in April 2013. Combining quantitative and qualitative methods, the fieldwork asked respondents about price-competitive tendering (PCT), client choice, QASA, direct action, their relationship with the Government and the impact the reforms would have on the service provided to suspects and defendants. The article examines the data collected and its meaning, identifying patterns in the responses provided. It concludes by discussing developments in the area since the fieldwork, and speculating on the next steps that may be taken by the criminal defence community in this year of significant change for criminal legal aid.