法　学 — 全 下位分類

Indigenous peoples are vastly over-represented in the Canadian criminal justice system, a reality the Canadian government has long framed as an "Indian problem." This narrative places blame on Indigenous individuals and communities, masking the deeper forces that shape their experiences with crime and punishment.

The Colonial Problem dismantles this powerful myth and exposes how colonialism - past and present - lies at the heart of these injustices. Drawing on Indigenous perspectives, research evidence, and critical scholarship, Monchalin shifts the focus to the structures of power that continue to uphold inequality, illustrating how assimilation policies, dishonoured treaties, manipulative legislation, and systemic racism have created the conditions for both the victimization and criminalization of Indigenous peoples.

Accessible, compelling, and grounded in Indigenous worldviews, this second edition calls on readers to confront uncomfortable truths about Canada's foundations and to recognize that meaningful change requires addressing colonialism itself. The book invites students, scholars, and general readers alike to rethink justice in Canada - and to see that what has been labelled an "Indian problem" is, in fact, a colonial one.

This book advances a bold phenomenological foundation for animal legal personhood. Drawing on Merleau-Ponty, care ethics, ethology, Indigenous studies, and critical human-animal scholarship, Aubert develops a post-anthropocentric account of animals as embodied, intentional, communicative, and vulnerable agents. The book challenges dominant cognitive and anthropocentric criteria for inclusion in moral and legal communities, proposing instead an ethics grounded in attentiveness, relationality, and embodied communication. Through vivid multispecies encounters, Aubert identifies animals' fundamental interests and preference-based agency, advancing a framework for translating their standpoints into legal institutions. Interweaving analytic clarity with personal reflection, this interdisciplinary study reimagines animal rights, legal subjecthood, and ecological care for the Anthropocene, offering an innovative path forward for law, ethics, and environmental humanities.

Care work is essential. And yet, Western capitalist societies are organised in a way as to neglect care work and make it invisible.

Building on feminist critiques of labour law, this book analyses how private care work has been socially constituted as the Other in relation to work on labour markets. By bringing labour law, with its collective structures, into conversation with individual anti-discrimination law, it develops a solidaristic form of labour law that includes unpaid care work.

It shows how the law can be used to challenge collective organisations' understandings of work in order to integrate and accommodate the Other of labour law.

This book examines one of the most pressing governance challenges facing the WTO: its growing difficulty in producing timely, effective and collectively acceptable decisions. While the WTO remains formally committed to consensus-based decision-making, this foundational principle has increasingly generated what the book conceptualizes as an "efficiency deficit"-a widening gap between Members' expectations of institutional delivery and the Organization's actual decision-making capacity.

Rather than attributing this paralysis to the heterogeneity of its membership or to individual Members' exercise of "de facto veto power", the book identifies both internal and external drivers of institutional strain. It shows how negotiation processes, institutional design and Member interactions collectively shape decision-making outcomes, contributing to persistent deadlock across key negotiating areas.

The book further argues that overcoming these constraints does not require abandoning consensus, but rebuilding the conditions under which it can function effectively. Central to this effort is the reconstruction of cooperative culture, sustained by trust, sequencing strategies and a member-driven approach that enables incremental progress. It also highlights the enabling role of institutional actors-such as the Secretariat, the Director-General and negotiation chairs-in facilitating dialogue, structuring negotiations and fostering convergence. Through this integrated framework, the book offers a pathway for restoring functionality to WTO decision-making while preserving its core principles of inclusiveness and legitimacy.

The deployment of AI systems in the administration of justice raises a question that existing legal frameworks have yet to resolve: who bears responsibility for their outputs, and on what grounds. This book provides a systematic, socio-technical framework for distributing accountability across the entire AI value chain, from general-purpose model providers to deployers operating in high-stakes public decision-making contexts.
Drawing on the COMPAS case and the emerging challenges posed by generative AI, the book analyses how AI's disruptive features and automation bias threaten human agency and create accountability gaps that existing legal frameworks cannot adequately address. It traces the theoretical foundations of algorithmic accountability by distinguishing between moral responsibility, accountability as a virtue, accountability as a mechanism, and civil liability - distinctions that prove decisive when the delegation of decision-making power to AI systems causes harm.
Through analysis of the EU AI Act and its risk-based approach, the book identifies critical tensions between product safety mechanisms and fundamental rights protection, with particular attention to the concept of material influence as the threshold criterion for high-risk classification. It develops three accountability frameworks mapped onto the Act's risk classification structure: one for high-risk AI systems requiring mandatory human oversight; one for non-high-risk systems, where providers must demonstrate that their outputs do not materially influence judicial decisions; and one for limited-risk AI systems deployed by legal professionals. All three frameworks distribute responsibilities across the AI value chain and establish grounds for liability when automation bias causes harm.
Central to the book's argument is the paradox of cognitive automation: as generative AI systems grow more persuasive, their opacity and tendency to 'hallucinate' undermine the very reliability that meaningful human oversight presupposes. The book argues that neither technical solutions nor formal oversight mandates can adequately address these risks without integrating cognitive biases and human factors into accountability design; a socio-technical approach is therefore essential to any credible framework for Responsible AI. Practical proposals for contestability are developed through analysis of the right to explanation and liability regimes, situating ex ante risk management and ex post redress mechanisms within a coherent governance architecture.

Celebrating the 75th anniversary of the Faculty of Law at the University of Toronto, this book brings together a wealth of legal scholarship first presented at a conference in March 2025.

At the time of its creation, the Faculty of Law reconceptualized legal education in Ontario and beyond. Looking Forward by Looking Back pays homage to the visions of key figures in the school's history such as founding dean Cecil "Caesar" Augustus Wright, Katherine Swinton, and John Willis among many other leading lights within the faculty. Embarking on a journey of exploration and reflection, the contributors to this volume look forward by looking back at the transformation charted by the school and its faculty. The contributors depict how the examined scholars consistently developed approaches to legal and social issues that were not only innovative and influential when first introduced but that continue to be insightful and generative in our evolving world.

Essential reading for law professors, practitioners, and students, Looking Forward by Looking Back calls attention to the rich history of legal wisdom that emerged from the Faculty of Law and its sustained impact.

Territory and constitutional order lie at the heart of some of the most pressing challenges facing Europe today. Shaped by historical legacies, diverse identities and the ongoing process of European integration, territorial governance continues to test the resilience of constitutional systems.
This volume explores these dynamics through a comparative constitutional perspective, combining theoretical insights with a rich set of case studies. It originates from the Sapienza University Research Project "Territory, Borders and Institutions: Between Secession and Centrifugal Dynamics", initiated by Professor Beniamino Caravita, whose vision has inspired the research underlying this work.
At its core, the book examines the tension between territorial asymmetries and secession. Mechanisms such as regionalism, differentiated autonomy and federalism can accommodate diversity within a single constitutional framework, as seen in countries like Spain, Italy and Belgium. Yet these same arrangements may also generate political tensions and perceptions of inequality. Secessionist movements represent a more radical challenge, raising fundamental questions about the balance between self-determination and territorial integrity, as illustrated by developments in Scotland, Catalonia and Flanders.
Bringing together theoretical analysis and comparative case studies from across Europe, the volume highlights how territorial claims shape constitutional change at both national and supranational levels.
A timely and insightful contribution, this book offers essential perspectives for understanding the evolving landscape of territorial governance in Europe. This is an open access book.

This open access volume provides a comprehensive account of the role of legal interpretation in shaping the development of law, legal reasoning, and institutional and constitutional practice. Drawing on contributions from constitutional law, criminal law, civil liability, consumer protection, EU law and digital regulation, it highlights interpretation as a key mechanism through which coherence, adaptability and fairness are maintained within legal systems.
Legal interpretation mediates the translation of abstract principles into concrete outcomes, supports the protection of rights and freedoms, and enables the integration of new social and technological realities into existing legal frameworks. The contributions address a range of topics, including religious freedom, government liability, undue influence in liberalities and the evolving concept of family, illustrating how interpretative approaches can influence the scope and effectiveness of fundamental rights.
Several chapters examine the constitutional dimension, focusing on the Romanian Constitutional Court's use of the rule of law principle, the liability of government members and the impact of the EU Charter of Fundamental Rights on domestic legal systems. Other contributions engage with criminal law, including analogy in malam partem, teleological reasoning and the relationship between legal logic, aporia and structured openness. Civil and commercial law developments are also considered through analyses of consumer contracts, tort law and SME regulation.
The volume further addresses contemporary challenges, including the impact of legal tech on litigation practices, the role of expert evidence and interpretative issues related to online advertising. Throughout, it shows how interpretation operates as a bridge between relatively stable legal texts and evolving social contexts.
Overall, the book demonstrates that legal interpretation is not merely a technical tool, but a central element of legal reasoning, institutional practice and democratic legitimacy. It will be of interest to scholars, practitioners and advanced students engaged with contemporary developments in law and its interaction with society and technology.

This book studies the "disciplinary divides" between law and political science, including conceptual, methodological, and normative differences in how each field approaches policy, institutions, and legal phenomena.
Disciplinary Divides in the Study of Law and Politics critically analyses these fault lines and proposes strategies to bridge them. The chapters identify key gaps, disagreements, and challenges in the study of law and politics through fresh empirical analyses, including studies of rights (such as Charter and Indigenous rights) and of institutional actors and processes - courts, legislatures, executives, expert witnesses, judicial selection, constitutional amendment, and government lawyers. The volume addresses a wide range of legal domains, including constitutional, administrative, immigration and refugee, federalism, and electoral law, while also highlighting areas where deeper interdisciplinary engagement is needed. Several chapters contribute to theoretical development, and many adopt a forward-looking perspective, identifying urgent research questions and setting future research agendas. Collectively, the contributions demonstrate how greater interdisciplinary collaboration can enhance our understanding of law's relationship to power, public policy, and society.