Canadian Law and Realpolitik Regarding Indigenous-Industry Agreements

Author(s):  
Thomas Isaac ◽  
Arend J.A. Hoekstra
Keyword(s):  
Author(s):  
Lynda Margaret Collins ◽  
Heather C. McLeod-Kilmurray
Keyword(s):  

2010 ◽  
Vol 11 (6) ◽  
pp. 656-670
Author(s):  
Kate Sutherland

Professor Joseph Weiler will soon stand trial for criminal libel in France for refusing to remove a book review from a website associated with an academic journal for which he serves as editor. His case has disturbing implications for all those who write, edit, and publish critical scholarly work. In this article, I explore those implications for Canadian scholars at home and as members of a global scholarly community. I assess the likelihood of success of a similar complaint under Canadian defamation law, and I consider the impact of libel chill and libel tourism. I conclude that although the defendant in such a case would have a good chance of prevailing under Canadian law through the defense of fair comment, a threat to academic freedom remains that requires action on the part of individuals and institutions committed to its preservation and enhancement.


2009 ◽  
pp. 93-111
Author(s):  
Diana Young

- Legal theorists often conceive of the law as a closed system of reasoning, and as the central mechanism through which the uses of power are conferred and circumscribed. However, social theory challenges this conception of law by telling us that a great deal of power is non-juridical in nature, operating through discursive practices that define and normalize conduct. This raises doubts as to whether juridical power can be used to achieve social transformation. Risk theory uncovers discursive practices that operate as non-juridical sites of power, by showing how risk analyses normalize contingent values through the use of value-neutral terms of statistical probabilities. For example, feminist criminologists, drawing on risk theory, have shown us how risk discourses can be used to reinforce traditional norms of femininity, particularly by responsibilizing women for minimizing the risk of sexual assault. Using an example from the Canadian law of sexual assault, this paper considers whether the law inevitably reproduces the very discourses of femininity that many law reformers are trying to disrupt, or whether it might act as a site wherein these discourses may be challenged.


Sign in / Sign up

Export Citation Format

Share Document