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Now available online… University of Toronto Law Journal - Volume 67, Number 1, Winter 2017 <http://bit.ly/utlj671> http://bit.ly/utlj671 ARTICLES The Moral Unity Of Public Law T.R.S. Allan Instead of a public law fragmented into discrete departments, we should envisage a unified scheme of constitutional rights and legal standards, expressing a coherent moral theory of the rule of law. That moral theory underpins all legitimate legal orders, properly respectful of human dignity; and common law adjudication is best understood as the working out, according to context, of the practical implications of the theory. An initial focus on more local legal tradition ultimately leads to a broader inquiry about the true demands of human rights and civil liberties, offering the prospect of a larger vision of democratic constitutionalism. While Jeremy Waldron has doubted the similarity between legal analysis and moral reasoning – rejecting an analogy with Rawlsian reflective equilibrium – his view may be contested. A common law judge who attempts to reason morally in the name of the whole society, in the manner suggested by Ronald Dworkin’s theory of integrity, must take account of those legal texts and precedents that political morality makes pertinent. Legal reasoning is simply moral reasoning, attentive to historical and political context. <http://bit.ly/utljaopd16d> http://bit.ly/utljaopd16d De-Ciphering Self-Help Zoë Sinel The dominant view of self-help is that it is a remedy exercised by individuals as an alternative to seeking state-sanctioned aid. In other words, self-help consists in ‘legally permissible conduct that individuals undertake absent the compulsion of law and without the assistance of a government official in efforts to prevent or remedy a legal wrong.’ Indeed, self-help is often vaunted as an efficient, or at least potentially efficient, alternative to the slower, costlier, and more cumbersome civil justice system. In our world of increasingly exorbitant legal costs, in which few have meaningful access to the civil justice system, remedies that can be initiated and executed without prohibitive expense merit scholarly attention. Notwithstanding this potential promise, the legal scholarship on self-help is meagre, and, moreover, just what behaviour counts as self-help is left unclear. Self-help, as it is currently understood, risks becoming a meaningless term, a cipher through which almost any behaviour initiated by an individual in furtherance of her legal rights can count as self-help. This article defends a narrower conception of self-help than that recommended by the dominant view. … <http://bit.ly/utljaopd16c> http://bit.ly/utljaopd16c The Puzzle Of Intra-Familial Commodification Ram Rivlin Trading babies or brides for money is widely regarded as morally wrong and sometimes even legally prohibited. Yet here is a puzzle: it seems that parallel exchanges are taking place within the family unit, in the context of custody or reconciliation agreements, both of which might sometimes involve the interweaving of parental or spousal relations with financial exchange. Such cases face much less resentment and criticism, not to mention legal regulation. What can explain this gap in normative treatment? This is the ‘puzzle of intra-familial commodification.’ The article introduces the puzzle, maps it, and evaluates the ways in which it might be resolved. First, it explores the possibility to revise our judgment regarding either the permissibility of intra-familial commodification or the wrongfulness of the extra-familial case. Second, it examines why despite the fundamental symmetry between the cases a disparate final judgment might nevertheless be called for. Finally, it explores the option of vindicating the normative fundamental asymmetry. Thinking through the puzzle, the article offers new insights on both the centrality of the market-pricing mechanism for the general problem of commodification and the way familial ties might save intimacy from the corruption of monetary exchange. <http://bit.ly/utljaopd16b> http://bit.ly/utljaopd16b BOOK REVIEW False Security: The Radicalization of Canadian Anti-Terrorism by Craig Forcese and Kent Roach Robert Diab <http://bit.ly/utljaopd16a> http://bit.ly/utljaopd16a REVIEW ESSAY How to end mass imprisonment: The legal and cultural strategies of Bryan Stevenson Lisa Kerr Bryan Stevenson’s Just Mercy, which is part legal history and part memoir, arrives at a moment when the tides may be turning in US criminal justice. Stevenson is a singular catalyst in the emergence of a movement against mass imprisonment, and the topics he is focused on are central to the prospect of lasting systemic reform. In his work as litigator, professor, and public figure, Stevenson has helped to usher in a new common sense that far-reaching reforms to US criminal justice are both required and imminent. Stevenson’s work becomes all the more significant when we consider the scope of change that structural reform requires. He has helped to draw the US Supreme Court away from a stance of extreme deference to legislative judgment in non-capital sentencing review – a meaningful shift in the direction of legal limits on the politics of tough punishment. This review contextualizes the publication of Just Mercy as a component of Stevenson’s legal and cultural strategies aimed at consolidating the reform movement against US mass imprisonment. <http://bit.ly/utlj671a> http://bit.ly/utlj671a Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw. University of Toronto Law Journal is available online at Project MUSE - <http://bit.ly/utljpm> http://bit.ly/utljpm UTLJ Online - <http://bit.ly/utlj_online> http://bit.ly/utlj_online Join the UTLJ email list! Sign up for important news relating to University of Toronto Law Journal. You'll receive emails with peeks inside new issues, Tables of Contents, Calls for Papers, editorial announcements, special offers and journal news. You can unsubscribe at any time and we will never publish, rent or sell your contact details to anyone . Sign up here – <http://bit.ly/utljalerts> http://bit.ly/utljalerts UTP Journals Law & Criminology Newsletter Sign up for the free monthly UTP Journals Law and Criminology newsletter! <http://bit.ly/lawnewsletter> http://bit.ly/lawnewsletter Receive the latest information on newly published research, reviews and opinions as well as Calls for papers, news items and exclusive discounts. You can unsubscribe at any time and we will never publish, rent or sell your contact details to anyone. Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw. For more information about the University of Toronto Law Journal or for submissions information, contact: University of Toronto Law Journal University of Toronto Press, Journals Division 5201 Dufferin Street, Toronto, ON M3H 5T8, Canada Tel: (416) 667-7810 Fax: (416) 667-7881 Fax Toll Free in North America 1-800-221-9985 Email: <mailto:[log in to unmask]> [log in to unmask] <http://www.utpjournals.com/utlj/utlj.html> www.utpjournals.com/utlj <http://www.facebook.com/utpjournals> www.facebook.com/utpjournals <http://www.twitter.com/utpjournals> www.twitter.com/utpjournals Posted by T Hawkins, UTP Journals