Showing papers in "University of Toronto Law Journal in 1964"

Capitalism and Freedom

Abstract: Selected by the Times Literary Supplement as one of the \"hundred most influential books since the war\" How can we benefit from the promise of government while avoiding the threat it poses to individual freedom? In this classic book, Milton Friedman provides the definitive statement of his immensely influential economic philosophy—one in which competitive capitalism serves as both a device for achieving economic freedom and a necessary condition for political freedom. The result is an accessible text that has sold well over half a million copies in English, has been translated into eighteen languages, and shows every sign of becoming more and more influential as time goes on.

Jurisprudence: Realism in Theory and Practice

Abstract: \"Jurisprudence: Realism in Theory and Practice\" compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors - social, cultural, historical, and psychological, to name a few - are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, \"The Common Law\", is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between \"law in books\" and \"law in action\" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic study is a foremost historical work on legal theory, and is essential for understanding the roots of this influential perspective.

An Introduction to Latin-American Philosophy of Law

Abstract: IN 1939 the Association of American Law Schools created its Committee on Twentieth Century Legal Philosophy. The committee's task was to prepare and edit a series of volumes which would give English translations of the outstanding European philosophies of law of this century. This writer, a member of the committee since its creation, was charged by his colleagues in 1942 with the task of preparing a volume on contemporary Latin-American philosophy of law, and of writing an introduction to it. His research lasted for about ten years and he discovered, at the very beginning, that practically nothing was known of this topic either in the United States or in Europe, and that even in Latin America no adequate work existed. Hence his research became by necessity a pioneering enterprise. After publication of his volume of translations,' he presented in 1950 his book on the subject.2 At the request of the UNIVERSITY OF TORONTO LAW JOURNAL, he is now offering an introduction, which must be short, but which can examine the topic from the perspective of 1963.

Recent Constitutional Developments in the Yukon and the Northwest Territories

Abstract: T HE constitutional history of the territorial regions of Canada is the history of a series of institutional adjustments forced by successive crises on a distant, hesitant federal government. At the outset, the troubles at Red River compelled the Government to adopt a course of action for which it had no prearranged policy and no precedent.' It is not surprising, perhaps, that these events should have outrun the Government's intentions, coming as they did immediately on the heels of Confederation, with no telegraphic communications between east and west and at a time when virtually nothing was known in the east about local conditions on the prairies. In retrospect, it is surprising, however, that expediency and lack of foresight, with one or two important exceptions, should have remained entrenched features of territorial policy until the middle years of the twentieth century,2 although, to some extent, this is a view emanating from the context of our own times. The vast complexity of contemporary society and the complete transformation in the concept of the role of the state during the past thirty years make the inadequacy of government in an earlier day seem negative and antediluvian. Thus the emergence of a comprehensive welfare state has not been without its effect on the constitutional evolution of the territories. People living in the territories are accustomed to a wider range of activity on the part of the federal government, and in turn expect more of it, if only because it is responsible for a number of functions performed elsewhere by the provincial governments; but this difference in public attitude does not explain the radical change which has taken place in the response of the federal government to the need for consideration of the principles underlying the future constitutional development of the territories. There is now a deliberate attempt to round out the framework of Confederation, and while it is essential that this be done with due regard for political and economic reality, the ultimate goals of responsible government and provincial status are relatively well defined.3 Any uncertainty that remains is no longer attributable to a lack of objectives; it is a matter of arriving at the forms of government most consistent with progressive stages of financial capability and political sophistication.

La Faculte de Droit de L'universite de Sherbrooke

Abstract: Titre et descriptifs des cours offerts DRT 236 ― Communication juridique II : médiation Après avoir identifié le problème juridique auquel est confronté son client et formulé une opinion écrite quant aux voies de solutions qui lui sont ouvertes, l'étudiante ou l'étudiant verra à entreprendre avec les représentantes ou représentants des autres parties une démarche ordonnée de résolution d'un différend commercial dans le contexte particulier d'une médiation. À toutes les étapes de l'activité, l'étudiante ou l'étudiant devra être en mesure de justifier la pertinence juridique et économique de ses interventions. DRT 238 ― Communication juridique II : négociation commerciale Échanges d'offres et de contre-offres entre étudiantes ou étudiants et, à la toute fin, présentation d'une convention relatant les accords des parties accompagnée d'un bref commentaire écrit. Tout au long de l'activité, consignation des démarches dans un livre de bord.