The Black Book

The Black Book
Author: Meera Kaura Patel
Publisher: Universal Law Publishing
Total Pages: 164
Release: 2011
Genre: Citation of legal authorities
ISBN: 9788175349933

City of Order

City of Order
Author: Michael Boudreau
Publisher: UBC Press
Total Pages: 354
Release: 2012-05-15
Genre: Social Science
ISBN: 0774822074

Interwar Halifax was a city in flux, a place where citizens debated adopting new ideas and technologies but agreed on one thing – modernity was corrupting public morality and unleashing untold social problems on their fair city. In this context, citizens, policy makers, and officials turned to the criminal justice system to create a bulwark against further social dislocation. Officials modernized the city’s machinery of order – courts, prisons, and the police force – and placed greater emphasis on crime control, while residents supported tough-on-crime measures and attached little importance to rehabilitation. These initiatives gave birth to a constructed vision of a criminal class that singled out ethnic minorities, working-class men, and female and juvenile offenders as problem figures in the eternal quest for order. Michael Boudreau’s in-depth study of crime and culture in interwar Halifax, the first of its kind, shows how tough-on-crime measures can compound, rather than resolve, social inequalities and dislocations.

Measuring Damages in the Law of Obligations

Measuring Damages in the Law of Obligations
Author: Sirko Harder
Publisher: Bloomsbury Publishing
Total Pages: 601
Release: 2010-07-12
Genre: Law
ISBN: 1847317472

This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.

Searching for the State in British Legal Thought

Searching for the State in British Legal Thought
Author: Janet McLean
Publisher: Cambridge University Press
Total Pages: 345
Release: 2012-10-04
Genre: History
ISBN: 1107022487

Janet McLean explores how British legal thought has imagined the state and the public sphere since 1832.

Contract Law

Contract Law
Author: Adam Kramer KC
Publisher: Bloomsbury Publishing
Total Pages: 250
Release: 2010-01-02
Genre: Law
ISBN: 1847315542

This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.

Tracings of Gerald Le Dain's Life in the Law

Tracings of Gerald Le Dain's Life in the Law
Author: G. Blaine Baker
Publisher: McGill-Queen's Press - MQUP
Total Pages: 465
Release: 2019-05-30
Genre: Biography & Autobiography
ISBN: 0773556184

Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.

The Quest for Core Values in the Application of Legal Norms

The Quest for Core Values in the Application of Legal Norms
Author: Khalid Ghanayim
Publisher: Springer Nature
Total Pages: 340
Release: 2021-10-24
Genre: Law
ISBN: 3030789535

Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts – former judges on constitutional courts and international courts, and some of the world’s leading criminal law, public law, and international law scholars – offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.