Sentences with phrase «developing legal doctrine»

While there can be no doubt that s. 130 affords trial judges wide discretion, this does not preclude the courts from developing legal doctrine that is applied with consistency, just as they have done with the entitlement to costs.

Not exact matches

The specifics of the sacramentality of marriage, however, was a developing doctrine until the eleventh century, and as such there was little legal or theological consensus as to what exactly made marriage valid.

Russell Hittinger has brought out further complexities of Thomistic developments in the wake of Aeterni Paths: «Thomists developed rather freewheeling accounts of the political, economic, legal and social order -LSB-... putting] Thomism in an offensive mode as far as social doctrine went -LSB-... whereas] in matters related to sacred doctrine [philosophical] Thomism would be put into a defensive role» such that scholasticism could not be publicly challenged within the Church.

In fact, the Carnegie Report's recommendation to this effect acknowledges that it is «building on the work already underway in several law schools...» 49 And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about it.

By integrating writing and doctrine in the first semester, we are sending a message to our students, at outset of their legal education, that there is no real divide between analyzing legal doctrine and the writing that communicates that analysis.54 By writing within a doctrinal context, students are able to see the ways in which the law and how it is structured influence their writing choices.55 Moreover, students tend to develop a deeper understanding of the connected doctrinal course because of the writing that occurs in that doctrinal area.56 Thus a number of the benefits that result from integrating the two courses arise from the synergies that come from teaching both courses together.57 What follows are some specific synergies that I have observed in teaching the integrated LA&W and Introduction to Torts courses.

Secondly, dealing with those issues requires an understanding both of complex legal doctrines which developed in a quite different context - we learn a surprising amount from Gallavin and Mason about the trial of Sir Walter Raleigh - and of technological matters such as the extent to which digital images may be enhanced or manipulated, legitimately or otherwise (discussed by Mason and Seng in Ch 3).