Law and legal discourse both presuppose and produce legal subjects. Views on the nature of the legal subject will constantly shift, therefore, with changes in the law. Contextual Subjects argues that a new view of the legal subject has indeed emerged and that it is now embedded in the social context and relationships. This claim is developed through a contrast of Canadian family law and administrative law as it was in the mid-twentieth century and as it is today.
Robert Leckey argues that it is not only the subject that is contextual. Legal discourse and adjudication have...
Law and legal discourse both presuppose and produce legal subjects. Views on the nature of the legal subject will constantly shift, therefore, with...
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which...
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected...
Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors - from five continents - delve into examples drawn from Bollywood cinema to California's 2008 marriage referendum. The chapters view a wide range of texts - from cultural...
Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empir...
Groups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship,...
Groups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life...
