Canadian Cases In The Philosophy Of Law Fourth Edition

This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix.

“Without exception the most important sourcebook available in English for anyone seeking an introduction to the legal principles on which Canadian political and legal culture are based.” — P.S. Eardley, University of Guelph

Intended for upper year university students enrolled in philosophy of law courses. Classic Readings and Canadian Cases in the Philosophy of Law is designed to increase student understanding of the role of law in society, as well as historical and philosophical debates surrounding major legal issues. Dimock strikes a balance between traditional philosophical subjects (i.e. the nature of law, morality, liberty) and practical issues of immediate interest to students (i.e. corporate pollution, sexual assault, hate crimes, pornography) by combining theoretical readings with current Canadian legal cases. The readings showcase experts in each subject area-- both classical and modern, Canadian and international. Pedagogical aids are found throughout the text and include a glossary of legal and philosophical terms, an appendix of relevant sections of the Canadian Charter of Rights and Freedoms, lists of additional readings, and extensive study questions.

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 volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.