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Montreal Law Reports
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Conceptualising Property Law
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfor...
Prisms of Faith
In Prisms of Faith, a diverse and distinguished group of scholars approach the theme of religious education and Catholic identity from their respective disciplinary perspectives, offering compelling insights of interest to scholars, catechists, and the general reader alike. The first three chapters are more historical in nature, offering targeted studies that focus on the Apostolic Fathers as a resource in the formation of faithful Catholics, the preaching of St. Augustine, and religious education in modern Poland. The last four chapters have a more contemporary focus, approaching current initiatives and challenges in the formation of faithful Catholics. Issues under consideration include th...
Re-imagining the Trust
This collection of essays by experts in the field explores the place of the trust in the modern civil law.
Dissenting Church
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The Sacraments of the Law and the Law of the Sacraments
'Sacramentality' can serve as a category that helps to understand the performative power of religious and legal rituals. Through the analysis of 'sacraments', we can observe how law uses sacramentality to change reality through performative action, and how religion uses law to organise religious rituals, including sacraments. The study of sacramental action thus shows how law and religion intertwine to produce legal, spiritual, and other social effects. In this volume, Judith Hahn explores this interplay by interpreting the Catholic sacraments as examples of sacro-legal symbols that draw on the sacramental functioning of the law to provide both spiritual and legal goods to church members. By focusing on sacro-legal symbols from the perspective of sacramental theology, legal studies, ritual theory, symbol theory, and speech act theory, Hahn's study reveals how law and religion work hand in hand to shape our social reality.
Human Rights
"Written largely by Canadian scholars for Canadian students, Human Rights: Current Issues and Controversies is an overview of contemporary human rights concerns that aims to introduce readers to the human rights instruments--provincial, national, and international--that protect Canadians. The volume begins with an overview of the history of human rights before moving on to discuss such important topics as the relationship between political institutions and rights protection, rights issues pertaining to specific communities, and cross-cutting rights issues that affect most or all citizens. Contemporary and comprehensive, Human Rights: Current Issues and Controversies is a valuable resource for undergraduate and graduate students studying human rights."--
Natural Law and Thomistic Juridical Realism
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations o...
