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These essays illustrate the advantages of 'reflexive' tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct.
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Intimate partner violence [IPV] causes myriad and gendered harms, but Canadian law has inconsistently provided avenues of economic redress. Although tort law has evolved to allow IPV survivors to seek compensation, tort-based remedies are sought rarely and largely limited to intentional torts such as assault, battery, and the intentional infliction of emotional distress. These torts do not always encompass the harms sustained by IPV survivors, particularly those caused by economic abuse and coercive control. In Ahluwalia v Ahluwalia, a 2022 family law case, Justice Renu Mandhane responded to this gap in the law by recognizing a new tort of family violence, but her decision was overturned by the Ontario Court of Appeal in 2023, and the case is now before the Supreme Court of Canada. Our paper provides a feminist analysis of the role of tort law in providing compensatory remedies for survivors of IPV. We situate tort remedies and Ahluwalia within the wider context of Canadian laws addressing IPV and feminist critiques of tort law and theory. This wider context raises issues about access to justice and socio-economic responses to IPV for members of marginalized groups in particular. We also examine how myths and stereotypes have influenced this area of law and the role of lawyers and judges in this respect, including in Ahluwalia. We conclude that recognition of the tort of family violence is an important but limited step forward in compensating the harms of IPV, and we urge governments to do more to systemically remediate these harms.
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Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
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Daniel Kim, 2025 83-1 University of Toronto Faculty of Law Review 55, 2025 CanLIIDocs 1328
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Human rights movements and organizations all over the world cite the pursuit and preservation of dignity as one of their goals, but the legal implications of this term are highly contested. In Dignity and Judicial Authority, Rachel Bayefsky offers a theory of dignity that emphasizes respect for status, non-domination, and control over self-presentation to others. The book explains how US courts can recognize the loss of dignity as a legally actionable harm and provide remedies for this harm. In applying these ideas, the book explores a host of corresponding legal topics, including constitutional standing doctrine, the "dignitary torts," and court-mandated apologies. It demonstrates the connections between dignity and subjects such as jurisdiction and remedies, which help to delineate the bounds of judicial authority.
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"Parliamentary Practice in New Zealand is the definitive guide to practice and procedure in the New Zealand House of Representatives. The fifth edition contains 60 chapters, incorporates developments since 2017, and provides an authoritative snapshot of parliamentary practice, law, and procedure as at early 2023. The new edition includes expanded and revised content on the operation of select committees, rearranged and updated material about the legislative process, substantial developments like the establishment of the Petitions Committee and other changes resulting from the Review of Standing Orders 2020, enactment of the Legislation Act 2019, and the COVID-19 pandemic"--Publisher information
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"Since its first publication in 2000, this book has been an invaluable resource for members of Parliament, their staff and anyone wanting to understand how the House of Commons works. This latest edition reflects a time of tremendous change, showing that parliamentary procedure can evolve and adapt to new realities. . . It is only natural that, reflecting this period of procedural, physical and technological change, House of Commons Procedure and Practice should change as well. Just as Center Block is being carefully modernized while retaining its heritage character, this publication has become more convenient, user-friendly guide focused on current practice, all while maintaining the accuracy, depth and detail that have made previous editions so indispensable. Changes include new chapter summaries that offer clear and concise outlines of what a chapter includes, a reduced focus on historical practices, streamlined footnotes and new section numbers to help readers find information quickly."-- From introduction
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Le présent ouvrage rassemble les textes des conférences prononcées lors du colloque intitulé "Développements récents en droit criminel", qui s'est tenu à Montréal, le 6 octobre 2022. -- Quatrième de couverture
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