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2500 Boulevard de l'Université
Sherbrooke, QC, J1K 0A5
Canada

Calendar

Blogging Law
Dec
5
12:45 PM12:45

Blogging Law

This event will offer the opportunity to learn more about the practice of legal blogging, which is increasingly popular. It will be led by Édith Guilhermont, Lecturer, Research Professional, and founder of the Juris Blogging website, and Maxime St-Hilaire, Law Professor at the University of Sherbrooke and active blogger. Following their presentation, you will have the opportunity to ask questions about the many aspects of this emergent form of knowledge dissemination in academia and legal practice, as well as of legal outreach in different communities.

This event is organized in collaboration with the Quebec Society of International Law's (QSIL) Student Circle.

 

Université du Québec à Montréal (UQAM)
Room A-1715

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Culture as Object of Regulation in a Federation: The Implementation of International Law in Québec
Nov
1
11:45 AM11:45

Culture as Object of Regulation in a Federation: The Implementation of International Law in Québec

Workshop with Lucas Lixinski of the University of New South Wales. 

Law Faculty, Sherbrooke University, room A7-235.

** This event will be in English **

In this talk, Dr Lucas Lixinski discusses the interface between the idea of subsidiarity in the regulation and appreciation of culture, on the one hand, and the valuing of this culture as being important to all of humanity, on the other. Lixinski uses the implementation of the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (colloquially known as folklore) as a case study. This treaty was not ratified by Canada, but Québec went ahead and decided to implement it anyway, as a means of safeguarding its living cultures. Through this example, we can discuss the multiple tensions between subsidiarity, identity, and international personality in federal contexts.

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The Legal Culture of Human Rights: An Obstacle for the Justiciability of Social Rights?
Oct
23
11:30 AM11:30

The Legal Culture of Human Rights: An Obstacle for the Justiciability of Social Rights?

October 12th, from 11h30 to 1h30 PM, room A7-235.

Seminar with Christine Vézina

The literature on the justiciability of social rights in Canadian law documents the phenomena using two angles. It underscores the normative and institutional obstacles that appear due to the absence of formal provisions recognizing social rights in the Canadian Charter of Rights and Freedoms and, to a lesser extent, in the Quebec Charter of Human Rights and Freedoms, to the lack of recognition of the positive obligations borne by the state, to the constitutional reparations with an individual scope that do not embrace the systemic dimensions of the infringement of social rights, and to the principle of the separation of powers. It also highlights the justiciability vectors for social rights that are supported by certain judicial interpretations, by the large scope of the rights recognized in the Canadian and Quebec human rights charters and by the transformative constitutional reparations, such as the structural orders. In the end, we find that despite the lack of integration of social rights in the fundamental texts, courts possess normative and procedural instruments which hold the potential of leading to a greater effectiveness of social rights, but that these remain largely under-exploited. This situation leads to a fragmented case law that is refractory to the advancement of social rights. Certain factors explain the courts’ “shyness”, such as positions defended by government prosecutors in court proceedings, the deference of courts towards the legislative branch, the lack of legal recourses based on social rights and a certain tendency of higher courts to refuse to hear the appeals on these issues. As a result, access to justice is denied to persons most disadvantaged by society, and social rights are marginalized in Canadian law as is frequently denounced by the UN Committee on Economic, Social and Cultural Rights. My research seeks to question this marginalization of social rights within Canadian law. Rather than analyzing the structural or substantive aspects of the legal system, I analyze the legal culture of Canada as an obstacle to the justiciability of social rights. While some authors have written on the conservative ideology of the courts, I wish to demonstrate the impact of the legal culture on the closed-mindedness of Canadian law in regards to social rights. Although analyses about the impact of the legal culture on transformative constitutionalism (Klare, 1998) exist, no text documents the relation between this culture and the justiciability of social rights.

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Rigor & Legal Research - Workshop
May
24
11:45 AM11:45

Rigor & Legal Research - Workshop

Room A7-235, Law Faculty, Sherbrooke University

Sophie Audette-Chapdelaine, doctoral candidate, will lead this workshop on transparency and methodological rigor in the context of legal research. Different questions will be explored:

  • Should our readers be informed of the precise manner in which we have found and used the sources mobilized in our work, whether traditional or otherwise?
  • How can we convey this information?
  • How can we adopt a more systematic, and less intuitive approach?
  • What analytical tools can be useful? (Demonstration of jurisprudence data collection and analysis using QDA Miner Software)
  • Can an explicit methodology allow us to receive more funding, and more easily?
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6th Study Day on Legal Methodology and Epistemology
Apr
28
8:00 AM08:00

6th Study Day on Legal Methodology and Epistemology

Laval University Faculty of Law, in collaboration with the Laboratory and the Louis-Philippe-Pigeon Legal Writing Chair, will host the 6th study day devoted to legal methodology and epistemology . The theme chosen for this edition is Critical Theory in Law.

Objective: The objective is to discuss the relevance and the various forms of criticism of the law, jurisprudence and institutions.

More information coming soon!

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The Recognition of the Rights of People in Custody and the Impact of the Harper Government’s Punitive Turn - Seminar
Mar
31
1:00 PM13:00

The Recognition of the Rights of People in Custody and the Impact of the Harper Government’s Punitive Turn - Seminar

Room A9-162.

Lucie Lemonde, Professor, Department of Legal Sciences, UQAM, will host this conference.

The movement for the recognition of the rights of people in custody began in the mid-70s. After abandoning the so-called hands off position, courts declared that people in custody still held their rights as citizens and that the rule of law must prevail within these establishments. Legal gains as concerns, namely, the respect of fundamental justice principles by disciplinary courts and parole boards, have been progressively integrated in law and practice.

The repressive approach towards criminal matters adopted by Stephen Harper’s conservative government, based on an ideology that values law and order (“tough on crime”), has deeply disrupted the correctional philosophy and the guiding principles of the prison system that had been elaborated during the previous decades. Within a few years, we have gone from a principle of respect for human dignity and for the constitutional rights of persons in custody to a policy of tougher sentencing and a new paradigm of “basic rights”. Beyond this minimum, people in custody only benefit from discretionary privileges depending on their good behaviour and participation in programs.

The main impact of this punitive turn is an increase in incarceration rates. Prison overpopulation, then, leads to dramatic consequences for the detention conditions of people in custody. The regular recourse to cell isolation, due to a lack of staff or to the insufficient amount of resources specialized in mental health, constitutes the central contemporary problem in penitentiaries and prisons.

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The Story of a Lost Epistemological Gamble: A Thesis About Indigenous Peoples’ Struggle for the Full Recognition of Ancestral Rights - Seminar
Mar
29
11:30 AM11:30

The Story of a Lost Epistemological Gamble: A Thesis About Indigenous Peoples’ Struggle for the Full Recognition of Ancestral Rights - Seminar

The respect of Indigenous Peoples’ ancestral land rights constitutes one of the greatest challenges jurists face. The ideal manner of addressing it is through concluding treaties with them. In Canada, this practice is currently impeded by the policy of “exchanging” vague rights for rights that are defined with precision. This policy is deemed disgraceful by Indigenous parties, for whom negotiation must concern the full recognition of ancestral rights. This problem constitutes an aporia for jurists, until its historical contextualization, complemented by a critical reflection on legal thought, highlights that it results from the coming together of two different conceptions, not only of the concept of “ancestral rights” but also of “law” itself. This meeting is that of monism with legal pluralism. Even then, the jurist might feel helpless before the question of the normative meaning of the larger process of progressive recognition, by Canadian and supranational law, of the Indigenous legal orders. The defunct agreement with the Innus recognized their ancestral rights as an expression of their identity. The Royal Commission on Aboriginal Peoples made “mutual recognition” the guiding principle of its recommendations. The “struggle for recognition” theme therefore leads to think that philosophy will play a leading role. Multicultural liberalism and the policy of recognition authorize the formulation of a thesis of a double struggle for legal protection and for the assumption of the value of Indigenous legal cultures. However, it is not with the multicultural issue in mind that, at around the same time as Charles Taylor, Axel Honneth set out to review systematically a theme that passes as Hegelian. The present research presents itself as a philosophical investigation of a legal problem. It also constitutes an investigation of the interest of philosophy to elucidate legal problems.

 

 Professor Maxime St-Hilaire’s thesis is available here.

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Law and the "sharing economy": Regulating market-based online platforms
Jan
19
5:30 PM17:30

Law and the "sharing economy": Regulating market-based online platforms

Invitation to a public panel of experts (free to attend, registration needed) at the Grande Bibliothèque de Montréal. 

Address : 475 Boul de Maisonneuve Est, Montréal, H2L 5C4

New websites and mobile applications that let individuals exchange rentals or services are changing how people locate short term accommodation, get from place to place in the city, and carry out other activities that have often been heavily regulated. As a result, some of these platforms (such as Airbnb and Uber) have come into sharp conflict with regulators over issues such as safety, taxation, working conditions, privacy, discrimination, and even ensuring the availability of affordable housing. Regulators are struggling to come to terms with this new reality. How should they respond? How should the law distinguish between commercial and personal activity? Should regulation be aimed at the platforms or at those who use them? 

A public panel of experts on the topic will take place at Montreal’s Grande Bibliothèque, on January 19th, 2017, from 5:30 to 7 pm. A reception will be held immediately afterwards. This will be a bilingual event, free to attend. Certificates of attendance will be produced for persons who request them, including for the Quebec Bar’s continuing education. 

Please register at: https://www.usherbrooke.ca/droit/formation-continue/le-droit-et-leconomie-du-partage/le-droit-et-leconomie-du-partage/#c37253.

 

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The Globalization of Law, Legal Transnationalization and the Sovereignty of Empire
Jan
12
11:45 AM11:45

The Globalization of Law, Legal Transnationalization and the Sovereignty of Empire

Room A7-235

This workshop will be presented by Diego Machado, Master’s student in Law at the University of Sherbrooke.

Using the case of Canadian mining in Latin America, this workshop aims to draw the conceptual elements of a critic of the consequences of globalization on law, in particular in the context of the emergence of new actors in the globalization process and in light of the concept of Empire as a sovereignty model. The development of transnational mining is related to the emergence of a new global sovereignty. This global sovereignty is articulated not only in relation to transnational mining companies, but also around a network of public and private actors (national and international) seeking to create the necessary economic, social and cultural conditions in order to promote this type of productive activity.

In the context of globalization, legal systems, both domestic and international as well as their interactions, are under fundamental mutations concerning rules, institutions, actors and practices. The major actors of globalized regulation of international economic activities are transnational companies. They induce transformations in the law of states where they deploy their activities through contractual models they impose to their local co-contractors and through lobbying of public authorities. They are described as largely avoiding national and international regulations.

The notion of Empire refers to the emergence of a new form of global sovereignty that has transformed modern sovereignty. Within the concept of Empire (Hardt and Negri, 2000), a central idea is fundamental for our thesis. Within the current global context, no nation-state, not even the United States, would have the necessary resources to become an imperial state. Imperialism, as a domination mode mobilized exclusively by the nation-state, is not valid in order to understand the global order. The notion of Empire that is of interest in this case implies that this global power is not exercised uniquely from a power of the state. The Empire implies a new form of sovereignty constituted by the most powerful nation-states, international institutions, such as the IMF and the World Bank, and transnational companies. The Empire insists on the fact that power is exercised in networks rather than in a unilateral manner. In other words, within the territory of the nation-state, economic, political and social logics interact top-down and bottom-up, redefining the scope of modern sovereignty. The main characteristic of Empire is to be fundamentally capitalist; it is also to edify itself from the ashes of state sovereignty.

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The Making of the Universal: Towards a Critical History of International Law as a Statist Project
Dec
14
11:00 AM11:00

The Making of the Universal: Towards a Critical History of International Law as a Statist Project

Room A7-235.

Speaker: Olivier Barsalou, Co-Director of the Research Centre on International Law and Globalization (CÉDIM), UQAM, Postdoctoral researcher, McGill University

Working with law means first and foremost working with history, conceived as a quest for the foundations of the norm. However, historians and international jurists have only recently (re)started to be interested in international law’s history as a (legitimate) scientific field of investigation. Rational, objective, progressive, international law’s vanishing point is its future and its pre-emption. Yet, working with the history of international law equates to creating a breach in the performance of international law understood as a disciplined and practice-oriented field, subordinated to problem resolution. This breach leads to two perspectives: one classic, the other critical. The history of international law is classically euro-centered, hagiographical, iconographic, progressive and teleological, inasmuch as this history was constructed as a justification of the instrumental and universalist reason of international law. The critical history of international law, for its part, is declined in the plural. It seeks to understand how law participates in the construction of power relations and their reproduction as a power, i.e. as an irreducible universal. In other words, it seeks to understand how the present has been constituted and how it participates in the production of a specific future. The recent resurgence of critical histories of international law thus conveys this ambition of, ultimately, creating the genealogy of the present moment: to understand how the contemporary has been constituted. In terms of subjects as well as sources, the contemporary of international law is manifested through the state, the inevitable disciplinary and professional figure. Using two historical case studies, that of the history of human rights and of the history of the right to self-determination of peoples, this presentation will demonstrate that a critical history of international law is above all a critic of the state as a universalist project irreducible to international law.

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Med-Arb: The Best or the Worst of Both Worlds? / Research Workshop
Dec
8
11:45 AM11:45

Med-Arb: The Best or the Worst of Both Worlds? / Research Workshop

Room A7-209.

Speaker: Véronique Fraser, Professor at the Faculty of Law of the University of Sherbrooke.

The concept according to which a mediator in a dispute becomes an arbitrator, or commonly referred to as “Med-Arb”, is probably one of the most controversial ones in the literature on private dispute avoidance and resolution mechanisms. Despite the criticisms surrounding the Med-Arb process, it is still used in practice for the resolution of certain international commercial disputes. Whereas its adepts propose that this practice reunites the best of mediation and arbitration within a single process, its detractors argue that rather, Med-Arb results in a distortion of both processes through this combination. Are the advantages of Med-Arb in terms of efficiency and effectiveness worth its potential ethical deviations? What should be the guidelines of conduct for the third party if this process is used? Can lawyers play a preventive role in the drafting of agreements and for advice to clients?

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Migrant Workers and Labour Rights: Internormative Dialogue and Legal Efficiency / Seminar
Nov
25
11:00 AM11:00

Migrant Workers and Labour Rights: Internormative Dialogue and Legal Efficiency / Seminar

This seminar will be presented by Dalia Gesualdi-Fecteau, professor at the Department of Legal Sciences at the University of Quebec in Montreal.

Room: University of Sherbrooke Faculty of Law, room A9-162.

In Canada, the framework programs for the hiring of temporary foreign workers have constituted the object of numerous studies. The temporary migration programs (TMP) constitute a manifestation of the international division of labour that is not materialized by the delocalization of companies or the transnational organization of productive activities. Such TMPs allow employers to have recourse to a temporary working force, who does not hold political citizenship and is hired on a sporadic or recurrent basis, but whose contract duration is necessarily limited and predetermined.

Nevertheless, from a formal standpoint, these workers benefit from the protections afforded by labour law notwithstanding their migratory status. However, numerous studies have demonstrated that many of these workers are not inclined to denounce the violations of theirs labour rights. Therefore, does labour law constitute, for these workers, a useful rampart? This seminar will present the results of a fieldwork research that documented the obstacles that temporary foreign workers are likely to face when they wish to mobilize the protections afforded by labour law. We will also consider the strategies mobilized by different actors, including the workers, in order to circumvent these obstacles. This presentation will also constitute an opportunity to discuss the analytical framework to favour when one seeks to better understand the relation that recipients entertain with law.

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The "Judiciarization" of Persons Experiencing Homelessness and of Demonstrators, From an Engaged Ethnography Standpoint  / Research Workshop
Nov
10
11:45 AM11:45

The "Judiciarization" of Persons Experiencing Homelessness and of Demonstrators, From an Engaged Ethnography Standpoint / Research Workshop

Room A7-209.

Véronique Fortin, Professor at the Faculty of Law of the University of Sherbrooke, will host a discussion entitled “The 'Judiciarization' of Persons Experiencing Homelessness and of Demonstrators, From an Engaged Ethnography Standpoint”. During this workshop, Professor Fortin will discuss the role of tickets for the control of marginalized persons who occupy public space in Montreal, namely persons experiencing homelessness and demonstrators. She will also discuss engaged ethnography as a mean of perceiving and interpreting law.

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Beyond Dogmatism: The Epistemological Foundations of the Critique of Law  / Research Workshop
Oct
6
11:45 AM11:45

Beyond Dogmatism: The Epistemological Foundations of the Critique of Law / Research Workshop

Room A7-209.

Finn Makela, Professor at the Faculty of Law of the University of Sherbrooke, will host a discussion on the modern concept of ‘critique’ is influenced by Emmanuel Kant’s philosophical project. Kant distinguished this project’s methodology from what he termed “the illegitimate approach of dogmatism”. Through a discussion on this distinction and by following the evolution of the project of ‘critique’, in the work of, amongst others, G. W. Hegel and Karl Marx, Professor Makela exposes its relevancy for understanding the heteroclite approaches claiming to constitute a “critique of law”.

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The Objectivity of the Researcher: The Use of an External Discipline as a Distancing Tool  / Research Workshop
Sep
22
11:45 AM11:45

The Objectivity of the Researcher: The Use of an External Discipline as a Distancing Tool / Research Workshop

Room A7-209.

Nicolas Proulx, candidate to the Masters degree in law at the University of Sherbrooke, will host a discussion entitled “The Objectivity of the Researcher: External Disciplines as a Distancing Tool”. Here is the abstract: “Law can be political. Furthermore, we are all at times both citizens and researchers. If certain research topics in law are less controversial, others, due to their proximity with the political, ignite passions. The art of interdisciplinarity, when successfully mobilized, can constitute a tool to attain a certain level of objectivity that is necessary and sufficient for scientific research. Following a presentation/discussion format, I propose to firstly return to Professor Louise Lalonde’s article “L’interdisciplinarité comme «contextes», quels usages de l’Autre?”, in order to identify the different interdisciplinary dynamics possible. Then, I will reframe them through exposing my own personal process in relation to the possible uses of interdisciplinarity, using the concrete example of objectivization through the discipline of political philosophy in the context of my research on the different immigration integration models in Quebec and Canada.

In order to prepare the discussion, we invite the participants to read the following texts :

- Lalonde, L. (2016) «L'interdisciplinarité comme 'contextes', quels usages de l'autre?", dans G. Azzaria (dir.), Actes des 4e et 5e Journées d'étude sur la méthodologie et l'épistémologie juridiques, Cowansville, Yvon Blais, sous presse.

- Kymlicka, Will, La Citoyenneté multiculturelle, Montréal, Les Éditions du Boréal, 2001, aux pp. 9 à 16, 113 ;

- Schnapper, Dominique, Qu’est-ce que la citoyenneté?, Paris, Folio, 2000, aux pp. 9 à 17, 79-80.

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2016 Annual Conference: Down to Earth: Critical Legal Approaches and the Environment
Jun
13
to Jun 14

2016 Annual Conference: Down to Earth: Critical Legal Approaches and the Environment

We are pleased to invite you to our upcoming annual conference ! This event will gather amazing speakers from diverse backgrounds : international experts, academics, students and a variety of community stakeholders from legal and environmental backgrounds.

This page will be gradually updated with all details.

Where: University of Sherbrooke Law Faculty

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Same-sex, but not the Same Same-sex Marriage in France and the US, and the Universalist Narrative / Seminar
May
2
1:00 PM13:00

Same-sex, but not the Same Same-sex Marriage in France and the US, and the Universalist Narrative / Seminar

On may 2nd, from 1 PM to  3 PM, the Laboratory will welcome Mrs Ivana Isailovic, Ph.D., Boulton Fellow at the law faculty (McGill University), who will give a workshop entitled :

Same-sex, but not the Same Same-sex Marriage in France and the US, and the Universalist Narrative

Following the recent adoption of same-sex marriage across various jurisdictions, scholars, judges and legislators are confronted with a series of methodological and normative questions: how should these reforms be described, compared and evaluated? The predominant view seems to be a universalist one, according to which the adoption of same-sex marriage is a just and inevitable reform implying a global trend. Drawing on the recent US and French same-sex marriage reforms, in this essay, I deploy a socio-legal and pluralist framework which argues for a contextual reading which strives to appreciate fully the local social dynamics which impact law's meaning. I argue that from this vantage point the universalist approach produces distorted and narrow descriptions of legal evolutions particularly evident in the case of same-sex marriage. In order to show that, I examine four aspects which distinguish these two recent and contemporaneous reforms: the role played by rights-based arguments in the regulation of family relations, the understanding of law in relation to gay and lesbian historical marginalization and social change, the focus of the debate (the definition of marriage in the US and filiation in France) and, finally, the type of expertise underpinning these legal arguments. I suggest that refraining from using universalism when analyzing same-sex marriage reforms might help policymakers, activists and commentators adopt analyses embracing complexity and plurality rather than uniformity and homogeneity. This provides a better understanding of the meaning same-sex marriage has for local communities and may enhance knowledge about law's ability to promote social change.

Room A7-160, University of Sherbrooke

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Legal Theory Workshop
Apr
27
11:45 AM11:45

Legal Theory Workshop

Louise Lalonde, professor at the Law Faculty of the University of Sherbrooke, will be animating a discussion on the topic of "Interdisciplinarity as 'contexts'; magnifying glass or binoculars?". 

Different contexts within contemporary legal research seem to impulse and justify the use of interdisciplinary approaches by legal researchers; a complexification of the legal phenomenon, theoretical advances pushing the boundaries of what is legal, and, from a practical standpoint, conditions of subsidized financing and expected transformations of the role of the jurists. A context of a call to interdisciplinarity within contemporary legal research seems to be emerging, and appears appealing to numerous jurists.

However, before venturing further in this direction, clarifications are needed and furthermore perhaps, it seems necessary to ignite or reignite a reflection on the conditions for the possibility of this approach. Of which interdisciplinarity are we talking about, or could we talk about, in response to such contexts? What uses might be made of interdisciplinarity, or more modestly of other disciplines, by contemporary legal research? What is presupposed by this interdisciplinary relation with the knowledge of jurists?

The avenues of interdisciplinarity as an "explicative context", "ontological context" and "epistemological context" must be reflected upon. Does the other's gaze allow for a double gaze, a double and blurred vision, a new view in perspective, or is the other simply oneself? Interdisciplinarity as contexts appears as an interesting voice to be offered to jurists in order to better speak about law, and thus respond to its contemporary impulses; a modulation path for their own voices perhaps, rather than another voice?

Where: Sherbrooke : A8-122 & Longueuil : L1-4688

 

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Seminar - Critical Legal Theories: Everything You Ever Wanted to Know About Them but Never Dared Ask
Apr
1
11:30 AM11:30

Seminar - Critical Legal Theories: Everything You Ever Wanted to Know About Them but Never Dared Ask

Rémi Bachand, Professor of Law, Department of Legal Sciences, University of Quebec in Montreal

It is fashionable, in research, to label oneself "critical", whether one disagrees with a Supreme Court jurisprudential tendency, wishes to underline the shortcomings of new legislative provisions adopted by the government in power, or denounces the lack of a legislative framework for current issues. Whilst many claim to be critical, few really fall within the scope of critical legal theories. On the opposite, critical legal theories are frequently associated with Critical Legal Studies, which developed in the 70s in the United States. However, what critical legal theories include is much vaster and diversified than this American approach. This seminar thus allows for a better understanding of what critical legal theories constitute in law, by exposing certain ontological, methodological and epistemological bases. It also offers a unique opportunity to question oneself on the possibilities and limits that such approaches offer to researchers who wish to understand, deconstruct and contest the power relations within law.

Where: University of Sherbrooke, room A9-162

Suggested reading:

Rémi Bachand, "Pour une théorie critique en droit international" in Théories critiques et droit international, Brussels, Bruylant, 2013, pp. 115-132.

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Legal Theory Workshop
Mar
23
11:45 AM11:45

Legal Theory Workshop

Derek McKee, professor at the Faculty of Law of the University of Sherbrooke, will animate a discussion entitled "Airbnb and Uber: The Structure of Policy Argument". This presentation will examine the debates surrounding online platforms that allow for the sharing of rentals and services, and in particular Airbnb and Uber. The argument of the presentation is these debates have mainly been modelled on a set of liberal claims about markets and private economic activity (notably, that such activity is natural, neutral, consensual, and efficient) and a set of corresponding critiques. In addition, in the case of Airbnb and Uber, these claims and critiques operate on two levels: Airbnb and Uber are characterized not only as market participants, but as creators of infrastructure facilitating the emergence of new markets. By distinguishing among these different lines and levels of argument, we will be better positioned to understand what is at stake in these public policy debates.

This activity is addressed to researchers interested in legal theory.

In order to prepare for this collective discussion, pages 55 to 59 of this volume are suggested:

Cutler, A. Claire, ed, Private Power and Global Authority - Transnational Merchant Law in the Global Political Economy, Cambridge: Cambridge University Press, 2003.

Where: Sherbrooke : A8-122 et Longueuil : L1-2365

 

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Legal Theory Workshop
Mar
15
11:45 AM11:45

Legal Theory Workshop

Stéphane Bernatchez and Maxime St-Hilaire, professors of Law at the University of Sherbrooke, will be animating a discussion on the controversial heritage of Justice Antonin Scalia of the United States Supreme Court for his interpretation of the American Constitution based on "originalism", which interprets the rights and freedoms enshrined in the Constitution according to the meaning they held at the moment of their adoption. They will address the question of the reception of this approach within Canadian constitutional law, as well as on the international level. 

This activity is addressed to researchers interested by legal theory.

Where: University of Sherbrooke Law Faculty, room A8-245.

Suggested readings

Theory

Justice Scalia summarizes his constitutional interpretation theory

Dworkin on "Moral Reading"

Justice Posner on Justice Scalia

A very interesting book review of Jack Balkin's "Living Originalism"

Justice Scalia locates his originalism in relation to Balkin's "Living Originalism"

Pratique

Short text in the New Yorker on the contradictions of Justice Scalia

A critic by one of the most important American constitutional experts, Laurence Tribe, on the heritage of Justice Scalia

(Non-)Réception à l'étranger (non reçu)

Former judges from the CSC "dissent from Scalia"

Adam Dodek on the way Justice Scalia's national retreat contributed to making Canada a "constitutional superpower"

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Legal Theory Workshop
Feb
18
11:45 AM11:45

Legal Theory Workshop

François Beyet, LL.M. in applied international law and international politics, candidate to the LL.M. in law with thesis, will be animating the workshop "Law & Economics: A Qualitative Control Tool for Financial Taxation". After a brief presentation of the Law & Economics movement, the case study of financial taxation will be mobilized to illustrate how this approach offers a qualitative control tool for taxation measures, rather than a decisional tool, this other tendency being highly problematic. The interest of mobilizing this theory will be proposed to be based on the fact that it allows the researchers to move away from legal hermetism, in reaction to research conducted in isolation of other disciplines. In consideration of its limits, the Law & Economics approach is thus presented as an efficiency test assisting in the technical construction of a norm, thereby opening the discussion to its critics. 

This activity is addressed to researchers interest in legal theory. In order to prepare for this collective discussion, the following texts are suggested:

  • Benoît Frydman, "Le calcul rationnel des droits sur le marché de la justice: l'école de l'analyse économique du droit" (http://www.philodroit.be/Le-calcul-rationnel-des-droits-sur)
  • Thierry Kirat, "Économie et droit: De l'analyse économique du droit à de nouvelles alliances?" (1998) Revue économique 49:4 1057.

Where: University of Sherbrooke Law Faculty, room A9-162.

 

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Legal Theory Workshop
Jan
13
11:45 AM11:45

Legal Theory Workshop

Benoit Péloquin, LL.M. student at the University of Sherbrooke, will host a discussion on the spring of 2012 student conflict. The rhetoric of the actors involved, directly or indirectly, in the now famous "Printemps érable", raises questions of political and legal philosophy which deserve further discussions. This activity is addressed to researchers interested by legal theory. To prepare for this collective reflection, we suggest the following texts:

- Daniel WEINSTOCK, "The Political Philosophy of the "Printemps Érable"." in Theory & Event, 2012, volume 15, issue 3.

- Violaine LEMAY et Marie-Neige LAPERRIÈRE, "Contestation étudiante et soubresauts étatiques : le printemps québécois sous une perspective droit et société", in Revue Canadienne Droit et Société, 2012, issue 27, pp. 427-438.

Where: University of Sherbrooke Law Faculty, room A8-245.

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Researchers Meet-Up (Montréal)
Dec
15
6:00 PM18:00

Researchers Meet-Up (Montréal)

We are pleased to invite you to our next researchers meeting in Montreal, entitled "Between creativity and productivity - Discussion and exchanges on issues related to the process of research and writing". During this meeting, participants will be invited to discuss their respective research projects, but also about strategies that they developed to facilitate their writing activities. New collaborative approaches (ex. co-working) will also be discussed.

The meeting will take place December 15 and will begin at 6 pm. It will be held at The "Bistro-Brasserie Soeurs Grises", located in the Old Port of Montreal at 32 McGill street (8 minutes walk from Square-Victoria-OACI metro station).

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Legal Theory Workshop
Dec
2
11:45 AM11:45

Legal Theory Workshop

Pierre Pariseau-Legault, professor at the Université du Québec en Outaouais (Nursing) and PhD candidate in Nursing Sciences at the University of Ottawa, will host a discussion on the usefulness of Foucault's work in health law. In its work, Michel Foucault studied the complex relationships between knowledge and power. Its analysis has successively focused on the history of medicine and psychiatric institutions, the prison system and sexuality. Foucault also have exercised a constant discursive problematization of social norms and control mechanisms that invest the individuals. Thus, this theoretical perspective appears highly relevant to the analysis of legitimation process of health interventions aimed at individuals identified as having a mental illness, as well as of the ramifications of psychiatric power and its expertise discourse.

The activity is intended for researchers interested in the theory of law. To prepare for this collective reflection, we suggest reading the following text:

  • Bernheim, Emmanuelle, Une tension normative irréconciliable. Les discours psychiatrique et juridique sur le risque psychiatrique" (2009-2010) 40 RDUS 31. (https://www.usherbrooke.ca/…/do…/RDUS/volume_40/Bernheim.pdf)
  • Turkel, Gerald, "'Michel Foucault: Law, Power, and Knowledge" (1990) JL & Soc'y 170. (accessible par la banque de données HeinOnline)

Where: University of Sherbrooke Law Faculty, room A9-162.

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Legal Theory Workshop
Nov
18
11:45 AM11:45

Legal Theory Workshop

Sarah Koenig, a doctoral candidate in law at the University of Sherbrooke and the University of Bordeaux, will host a critical discussion on penal law populism, proposing an alternate manner of conceiving criminal justice through restorative justice.

Suggested readings :

http://www.adeppi.be/fichiers/publications/La%20volonte%20de%20punir.pdf
http://www.justicereparatrice.org/news/AJP_JR_sept_2007.pdf

This activity is addressed to researchers interested by legal theory.

Where: University of Sherbrooke Law Faculty, room A8-245.

 

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Seminar - "Class" and International Law
Nov
13
1:00 PM13:00

Seminar - "Class" and International Law

Reading ‘Class’ in International Law:  The ILO’s Technical Assistance Mission to Egypt and the Interwar Colonial Labour Policy

By Mai Taha, Harvard Law School, Post-Doctoral Fellow in Legal History, Legal Theory, and Public International Law.

Please note that this event will be held in English only.

Where is ‘class’ in international law? How did ‘class’ become a subject of concern for international law and its institutions, specifically during the formative interwar years? In this paper, I study one aspect by which class became a distinct category in international law through the International Labor Organization’s (ILO) technical assistance missions. I focus here on the ILO’s technical assistance mission sent to Egypt in 1931.  I read this specific episode as one that not only illuminates how ‘class’ in the semi-periphery became salient in international law, but also reveals the ILO’s entangled relationship with empire and capital as mediated by different international legal technologies. This was most vivid in the networks of relationships established between the ILO, the Egyptian Labour Office, the colonial presence and the Egyptian Federation of Industries (EFI). The ILO’s archive in Geneva tells the story of a top-down transformation of labour policy, but absent from the ILO’s archive is the story of labour militancy sparked at the beginning of the interwar period in Egypt, which saw a massive resurgence in labour activism, including the organization of trade unions, strikes and direct political action. Through the protagonists, I read the archive against itself and against the social history of the labour movement during this period when workplace demands often intersected and collided with the demands to end British colonialism.

I argue that the claimed success of the intervention hinged upon shaping a new politics of expertise through law that divided a fluid and hybrid sphere of social activity into rigid and separate domains: the technical and the political. The ILO’s mission categorized employer-labour relations in Egypt as an area of technical expertise. This process of streamlining employer-labour relations entailed both disciplining and oversight. It entailed law and rights. In fact, the ILO’s intervention laid down the foundations for a new liberal legal system that recognized basic workers’ rights as central tenants in the laws and regulations that govern any modern and independent state. I argue that the seeming disjuncture between the material benefits of this colonial and liberal legality, and the structural depoliticization of work is merely a chimera. There is no disjuncture. The depoliticization of work organically developed with a new liberal legal system that would function efficiently in a semi-colonial context.  In a sense, the ILO was standing up to its initial postwar promise of social reform through law, while maintaining oversight on class and labour politics. The new labour regime rejected political trade unions, and instead worked toward entrenching a legalized and a non-political trade union movement that would function strictly along industrial lines.

Where: University of Sherbrooke Law Faculty, room A9-162.

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Researchers Meet-Up – Montreal
Oct
26
3:00 PM15:00

Researchers Meet-Up – Montreal

Open discussions between researchers (professors and students) about current research projects.

Where: The discussions will be held at Hoche Café, 4299 Ontario E. Participants will then be invited to visit the Botanical Garden. You must have your student identification and 11,50$ for the reduced entry fee to the Garden. The regular fee is 15,25$ (adults) and 7,75$ (5-17 years old).

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