PROC 200 Lecture Notes - Lecture 2: Arrogate, Judicial Activism, France 4
21 Feb 2018
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Document Summary
Have an opinion on what the specificity of quebec scholarship is. Relationship between doctrine and. : the code, case law. Ex forms: trait des obligations, les obligations bjv. Examines evolution of legal norms and their social functions. Elaborates logical and ideological structures of a given area. Integrates various sources of legal justification into political/social context. Doctrine = started by only being a commentary on the law to constitutive of the law. Relationship with the code and the case law. Justification: arguing about appropriateness of codal texts. Exemplification: fleshing out implications in particular cases. Code shapes academic writing, and academic writing shapes legal meaning, legal meaning influences the code = circular. Chabas; savatier; penneau; m meteau: belgium: anrys; hennau-hublet, quebec: baudouin, tancelin; pineau et ouellette. Multidisciplinary methodology: empirical research, comparative law and historical, economic and sociological analysis. In a way that enables the purpose of its provision to be achieved. Code has primacy in interpretation of civil law.
