University of Toronto Law Journal最新文献_第4页

An Evidence-Based Approach to Private Ordering 一种基于证据的私人订购方法

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2023-06-16 DOI: 10.3138/utlj-2023-0002

Benjamin Alarie, Albert H. Yoon

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引用次数: 0

Public Nuisance for Private Persons 公众对私人的滋扰

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2023-06-09 DOI: 10.2139/ssrn.4265981

Hanoch Dagan, Avihay Dorfman

{"title":"Public Nuisance for Private Persons","authors":"Hanoch Dagan, Avihay Dorfman","doi":"10.2139/ssrn.4265981","DOIUrl":"https://doi.org/10.2139/ssrn.4265981","url":null,"abstract":"The public nuisance tort is now in a critical stage of development, mostly in the United States but also in other jurisdictions, including civil law systems. It is becoming ever more consequential in practice and, at the same time, widely misunderstood by courts and scholars. Our ambition is to defend a private law theory of public nuisance. Contrary to the view that the underlying rights protected by this tort contrast with private rights (say, to bodily integrity), we argue that these public rights are private rights like any other right in the law of torts since they protect private persons taken severally. And, yet, these private rights are also distinctively public in the sense that they protect the interests of private persons to use and enjoy the public sphere. In that, public nuisance imposes not merely ex post liability for undermining these interests but also, first and foremost, constructs a liberal public sphere. Our case for public nuisance shows that private law extends beyond the private sphere to capture entitlements and responsibilities that do not arise from, or attach to, ownership of land; it also resists the reduction of private law to rights of action and ex post determination of liabilities. More concretely, our reconstruction of public nuisance solves two key doctrinal challenges that the tort struggles with – concerning the standing to sue in public nuisance and the economic loss rule – and it also refines the potentially significant role of this tort in addressing the urgent threat posed by climate change.","PeriodicalId":46289,"journal":{"name":"University of Toronto Law Journal","volume":" ","pages":"-"},"PeriodicalIF":0.6,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45834837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

How victims matter: Rethinking the significance of the victim in criminal theory 受害者如何重要：重新思考受害者在犯罪理论中的意义

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2023-06-01 DOI: 10.3138/utlj-2021-0091

Leora Dahan Katz

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引用次数: 0

Rethinking the division of tax room and revenue in fiscal federalism 对财政联邦制下税室与收入划分的再思考

4区社会学

University of Toronto Law Journal Pub Date : 2023-04-01 DOI: 10.3138/utlj-2021-0107

Rory Gillis

{"title":"Rethinking the division of tax room and revenue in fiscal federalism","authors":"Rory Gillis","doi":"10.3138/utlj-2021-0107","DOIUrl":"https://doi.org/10.3138/utlj-2021-0107","url":null,"abstract":"The division of tax room for shared tax bases, such as income taxes in Canada, the United States, Australia, and Switzerland, is a frequent cause of political conflict between national and sub-national governments. Economists and legal scholars have developed a theory that sets out an optimal division of tax room, but federal nations often substantially depart from this prescription by allocating too much or too little tax room to national governments. This article argues that the divergence between theory and actual practice can be partially explained by a ‘credit assignment problem’ that affects the political economy of government decision making. To illustrate, the article develops a model to identify the incentives governments face when dividing tax room. The model’s central observations are that (a) the optimal division of tax room requires robust intergovernmental contracting, but (b) the necessary contracts are difficult or impossible to perform due to problems in allocating political credit – electoral rewards and punishments – between the two levels of government. The result is political conflict and, frequently, a sub-optimal division of tax room and the revenue that results. This article argues that law can perform two functions in responding to the credit assignment problem: (a) it can facilitate credit assignment, so that the necessary contracts over tax room and revenue are politically feasible, and (b), failing perfect credit assignment, it can mitigate the welfare effects of a sub-optimal division of tax room. The article shows how a credit assignment perspective should lead to reconsideration of constitutional law doctrines, such as the federal spending power and various doctrines that enable or limit concurrent expenditure jurisdiction. While these doctrines are the subject of long-running debates in legal scholarship, the credit assignment perspective offers new insights and new doctrinal prescriptions.","PeriodicalId":46289,"journal":{"name":"University of Toronto Law Journal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136186802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

How Important Are the Groundbreaking Cases in Administrative Law? 行政法开创性案例有多重要?

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2022-10-18 DOI: 10.2139/ssrn.4114959

A. Green

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引用次数: 0

Private Law Legalism 私法法主义

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2022-10-12 DOI: 10.2139/ssrn.4161123

Felipe Jiménez

引用次数: 0

Martin Loughlin, Against Constitutionalism 马丁·劳林，反对宪政

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2022-10-05 DOI: 10.3138/utlj-2022-0080

R. Gargarella

引用次数: 0

What Is Purposive Interpretation? 什么是目的性解释？

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2022-09-05 DOI: 10.3138/utlj-2021-0116

J. Weinrib

{"title":"What Is Purposive Interpretation?","authors":"J. Weinrib","doi":"10.3138/utlj-2021-0116","DOIUrl":"https://doi.org/10.3138/utlj-2021-0116","url":null,"abstract":"Purposive interpretation leads a double life. As a matter of constitutional practice, it forms the doctrine through which courts in Canada and around the world determine the concrete protections that abstract constitutional rights afford. However, as a matter of constitutional theory, purposive interpretation is routinely rejected as either an empty phrase that offers no alternative to established theories of constitutional interpretation or a dangerous doctrine that provides no basis for distinguishing between justified and unjustified interpretations of constitutional rights. This article formulates a conception of purposive interpretation that is not vulnerable to these objections. The purposive approach to the interpretation of constitutional rights follows from a set of ideas about how legal interpretation differs from interpretation more broadly, how constitutional interpretation differs from interpretation in other legal domains, and how constitutional interpretation constrains both the purposes it attributes to particular provisions and the application of those purposes to particular contexts. My aim is to show that these ideas fit together in a coherent doctrinal whole that is neither empty nor dangerous. Purposive interpretation is not empty because it offers a genuine alternative to the presuppositions and structure of opposing interpretive paradigms. Purposive interpretation is not dangerous because it provides a principled set of resources for distinguishing between justified and unjustified interpretations.","PeriodicalId":46289,"journal":{"name":"University of Toronto Law Journal","volume":" ","pages":"-"},"PeriodicalIF":0.6,"publicationDate":"2022-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45411768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

How Victims Matter: Rethinking the Significance of the Victim in Criminal Theory 被害人有多重要:重新思考被害人在刑事理论中的意义

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2022-06-22 DOI: 10.3138/utlj.2021-0091

L. Katz

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引用次数: 0

Rethinking Relational Architecture: Interpersonal Justice Beyond Private Law 对关系架构的反思：超越私法的人际正义

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2022-06-02 DOI: 10.3138/utlj-2021-0087

Z. Tan

{"title":"Rethinking Relational Architecture: Interpersonal Justice Beyond Private Law","authors":"Z. Tan","doi":"10.3138/utlj-2021-0087","DOIUrl":"https://doi.org/10.3138/utlj-2021-0087","url":null,"abstract":"This article takes as its starting point a particular idea about the nature of private law: that it is specially concerned with relational or interpersonal justice. The relational conception is meant to be juxtaposed against non-relational conceptions typically grouped under the heading of ‘instrumentalism’: the idea that law is a means to an end. But a question mark hovers over domains beyond the private. Are these non-relational or relational and anti-instrumentalist in different ways? To answer this question, this article articulates a more capacious framework of interpersonal justice that captures the continuities and discontinuities between private law and non-private fields. I rework the architectonic of relationality, untangling foundational concepts such as the notions of parties and identities; the process of reasoning to different structures of interpersonal obligations; and the multifaceted idea of instrumentalism. Working through moral philosophy, jurisprudence, criminal law, and constitutional and administrative law, I follow the golden thread of interpersonal justice that is woven through the conceptual architecture of all these fields and suggest further consolidations, extensions, and implications that are yet to be fully grasped.","PeriodicalId":46289,"journal":{"name":"University of Toronto Law Journal","volume":" ","pages":"-"},"PeriodicalIF":0.6,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46578973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0