Law & Society / Philosophy of Law

Controversies in the Common Law identifies some of the thorniest problems in private and public law, and explains how Chief Justice Beverley McLachlin addressed them by applying a common law approach to judging.

Offering a new conception of the right to health care as a complex but morally justifiable and realistically achievable right, this book helps resolve persistent problems with the idea of health rights.

This is the first book in English to lay out the philosophical ethics and philosophy of law of Hermann Cohen, one of the leading figures in both Neo-Kantian and Jewish philosophy.

Interdisciplinary in scope, this book draws from a range of specialized scholarship and archival research to intervene in current debates on the study of corporations.

Using extensive and novel new research, this book explores one of the long-standing challenges in legal education – the prospects for bringing legal theory into the training of future lawyers.

Through careful analyses of notable cases from Canada, the United States, and the United Kingdom, Greig Henderson analyses how the rhetoric of storytelling often carries as much argumentative weight within a judgement as the logic of legal distinctions.

In Brewing Legal Times, Emily Grabham boldly draws on perspectives from actor-network theory, feminist theory, and legal anthropology to advance our understanding of law and time.

In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

In Law’s Religion, Benjamin L. Berger argues that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism.

Contextual Subjects is the most thorough and sustained application of relational theory to legal examples to appear to date. It is unique in Canadian legal scholarship for the way it pairs family law and administrative law, and within legal scholarship in English for its integration of common law and civil law.

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law.

The Hateful and the Obscene is a compelling interpretation of freedom of expression that combines serious philosophical thought with a focus on Canadian law, thus maintaining the breadth to deal with both obscenity and hate literature.

In a landmark decision in 1984, the Supreme Court of Canada declared that the Crown is bound by fiduciary, or trust-like, obligations to Canada's aboriginal peoples. Leonard Rotman explores the unanswered questions that plague the Crown-Native fiduciary relationship.

Douglas Walton provides a systematic survey, clarification, and assessment of the different tests currently being used to carry out the tasks involved in argument identification.

In early Upper Canada the attorney general was little more than a skilled functionary -- the Crown's chief legal counsel; by the mid-19th century he had become a leading member of cabinet and generally premier. Mr Attorney is the story of this transformation and many other aspects of the attorney general's role in 19th-century Ontario.

Professor Grosman describes and analyses the prosecutor's informal relations with the police and defence lawyers, and the significance these relationships have for the accused and for the fair administration of justice.