Problem: Unfit to Stand
Trial?
R. v. C.W., [2001] A.J. No. 1123 (Alta. Prov. Ct.)
January 16: Background Concepts: Moral Philosophy
Murphy and Coleman, Philosophy of Law, rev. ed. (Boulder, Co:
Westview, 1990)
January 21: Background Concepts: Political Theory
Social Contract and Natural Rights Theory
Sauvé v. Canada (Chief Electoral Officer) 2002 SCC 68
January 23: An Overview of Canadian Legal Theory
Richard Devlin, "Jurisprudence for Judges" (2001) 27 Queen’s L.J.
161
Law & Economics 72
January 28 and January 30:
Natural Law Theory
Brian Bix, "Natural Law Theory," in A Companion to Philosophy
of Law and Legal Theory (Oxford: Blackwell, 1999)
Legal Positivism
Mark Tebbit, Philosophy of Law: An Introduction (London: Routledge,
2000)
George L. Fletcher, Basic Concepts of Legal Thought (New York: Oxford
University Press, 1996)
Legal Realism
Keith C. Culver, Readings in the Philosophy of Law (Broadview Press,
1999)
Patricia Ewick, Robert A. Kagan, and Austin Sarat, "Legacies of Legal
Realism: Social Science, Social Policy, and the Law"
February 4: Natural Law, Legal Positivism and Legal Realism Applied
Lon L. Fuller's "The Case of the Speluncean Explorers" (1949) 61
Harv. L. Rev. 616
February 6: Natural Law, Legal Positivism and Legal Realism Applied (con’t)
Anthony D’Amato, "The Effect of Legal Theory on Judicial
Decisions" (1999) 74 Chi.-Kent L. Rev. 517
Sauvé v. Canada (Chief Electoral Officer) 2002 SCC 68
February 11: Natural Law, Legal Positivism and Legal Realism Applied (con’t)
Rodriguez v. B.C. (A.G.) (1993), 107 D.L.R. 4th
342 (SCC)
Wake v. Northern Territory of Australia, [1996] 112 S.C.N.Y. 166
Airedale NHS Trust v. Bland, [1999] A.C. 789 169
February 13: Interpretation of Rules: The Hart-Fuller Debate
H.L.A. Hart, "Positivism and the Separation of Law and Morals,"
(1958) 71 Harvard Law Review 593
Lon L. Fuller, "Positivism and Fidelity to Law - A Reply to Professor
Hart," (1958) 71 Harv. L. Rev. 630
Reading Week: February 17 - 21
February 25 and 27: Analytical Jurisprudence: Hohfeld’s Fundamental Legal
Concepts
Joseph Singer, "The Legal Rights Debate in Analytical Jurisprudence
from Bentham to Hohfeld" (1982) Wisconsin Law Review 975
Wesley Newcomb Hohfeld, Some Fundamental Legal Conceptions as Applied in
Judicial Reasoning, (1917) 27 Yale L. Rev. at 28
Glanville Williams, "The Concept of Legal Liberty" (1956) 56 Col. L.
Rev. 1129
March 4: Hohfeld’s Basic Legal Concepts Applied
R. v. Marshall, [1999] 3 S.C.R. 456
March 6: Liberalism
Michael Sandel, Liberalism and its Critics (New York: New York
University Press, 1984)
Rawls’ Theory of Justice
Libertarianism
March 11: Liberalism Applied: Equality Rights
Law v. Canada (Minister of Employment and Immigration),
[1999] 1 S.C.R. 497
March 13: Law & Economics
Jacob S. Ziegel, "What Can the Economic Analysis of Law Teach
Commercial and Consumer Scholars?" in Commercial and Consumer Law:
National and International Dimensions, R. Cranston and R. Goode, eds.
(Oxford: Clarendon Press, 1993)
Michael I Trebilcock, "Economic Analysis of Law," in Canadian
Perspectives of Legal Theory, R. Devlin, ed. (Toronto: Emond Montgomery,
1991) 103
March 18: Law & Economics Applied
Peter Suber, The Case of the Speluncean Explorers (London: Routledge,
1998)
March 20: Feminist Legal Theory
Kathleen Mahoney, "Theoretical Perspectives on Women's Human Rights And
Strategies for Their Implementation" (1996) 21 Brooklyn Journal of
International Law 799
March 25: Feminist Legal Theory Applied
Jennifer Nedelsky, "Reconceiving Rights as Relationship" (1993) 1
Review of Constitutional
March 27: Critical Legal Studies
Keith C. Culver, Readings in the Philosophy of Law (Broadview Press,
1999)
Allan C. Hutchinson, "Crits and Cricket: A Deconstructive Spin (Or Was It a
Googly?)" in Canadian Perspectives on Legal Theory, R. Devlin, ed.
(Toronto: Emond Montgomery, 1991)
April 1: Critical Legal Studies Applied
Miller v. Jackson, [1977] 3 All E.R. 338 (C.A.) 317
Allan C. Hutchinson, "Crits and Cricket: A Deconstructive Spin (Or Was It a
Googly?)" in Canadian Perspectives on Legal Theory, R. Devlin, ed.
(Toronto: Emond Montgomery, 1991) 181
April 3: Aboriginal Legal Theory
Mary Ellen Turpel, "Aboriginal Peoples and the Canadian Charter:
Interpretive Monopolies, Cultural Differences" (1989-90) 6 Canadian Human
Rights Yearbook 3
April 8: Aboriginal Legal Theory Applied
R. v. Marshall, [1999] 3 S.C.R. 456
Law v. Canada (Minister of Employment and Immigration), [1999] 1
S.C.R. 497
April 10 Review: Rights Re-Visited
Mark Tebbit, Philosophy of Law: An Introduction (London: Routledge,
2000)
Appendix
Charter of Rights and Freedoms and s. 35 Constitution Act (1982)