History
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Was Scalia Spooky?
Antonin Scalia’s views on snooping, in the 1970s and later Continue reading
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Sub Lege
I often criticize judges, on this blog and elsewhere. I think it is very important that people who exercise power over citizens be subject to criticism whenever they exercise it unwisely or, worse, recklessly, and still more when they abuse or overstep the powers given them. While the media can, more or less, be counted Continue reading
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A Voice of Moderation?
Thoughts on the Chief Justice’s Speech on “Democracy and the Judiciary” Her court might not be very busy ― it had decided only 19 cases this year through May 31, the lowest number this century ― but Chief Justice McLachlin certainly is. Another Friday, another speech. After the one she gave at the Université de Montréal‘s Continue reading
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Churchill on Prison
Winston Churchill’s thoughts on his time as a prisoner (of war) I’m not sure, and am too lazy to verify, whether if Winston Churchill is the only head of a Commonwealth government to have been a prisoner; but there cannot have been many. (UPDATE: As my friend Malcolm Lavoie points out to me, Nelson Mandela Continue reading
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Permanent Problems
The law’s ideals and problems have not changed too much in 400 years I have only now read Francis Bacon’s essay “Of Judicature.” Bacon seems not to enjoy anything like the reputation of his rival Coke, in the law schools anyway ― I suspect that they haven’t heard much of Coke in the science faculties, Continue reading
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Mémoire fragmentée/Fragmented Remembrance
A meditation on the conflict between identity politics and remembrance Today is International Holocaust Remembrance Day. In Germany, it is the Day of remembrance for the victims of National Socialism. And, as it happens, I’ve been reminded of something I wrote almost ten years ago, I think, after visiting the site of the Dachau concentration camp. It Continue reading
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What Did They Mean?
Must the laws of Alberta ― like those of Manitoba (as well as Québec, New Brunswick, and of course Parliament itself) be enacted and published in both French and English? The answer to this question, which the Supreme Court addressed in Caron v. Alberta, 2015 SCC 56, decided on Friday, turns on the meaning of a short Continue reading
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Why Codify (Encore)
In connection with yesterday’s post, in which I discussed the reasons for the codification of the civil law of Lower Canada that were expressed in the preamble of the statute which set up the commission responsible for the codification, my friend Alastair C.F. Gillespie pointed me to some speeches by Sir George-Étienne Cartier who was Continue reading
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Why Codify
Apologies for my silence of late. I’m afraid blogging will be light for another week or so. In the meantime, however, here’s something related to the topic of my last post, the codification of law. It won’t be news to those versed in the history of Québec law, but it’s something that I, in my ignorance, Continue reading
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Debts of Gratitude
Over at the CBA National Magazine, Rebecca Bromwich has an interesting article reminding us of our debt of gratitude to the campaigners for women’s suffrage, and arguing that we owe it to their memory to vote it in the upcoming election. The first point is important and well-taken. The second, in my view, does not follow. Continue reading
Double Aspect 