Nouvelle publication, Jean Leclair

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Leclair J. (2017). Nanabush, Lon Fuller and Historical Treaties: The Potentialities and Limits of Adjudication, in J. Borrows & M. Coyle (eds), The Right Relationship. Reimagining the Implementation of Historical Treaties, University of Toronto Press, Toronto, pp. 325-343.  

ABSTRACT

The judicial implementation of historical treaties raises such complex issues that one oftentimes feels a sense of helplessness when reflecting upon these. Part of the answer to the question of what courts may contribute to the implementation of historical treaties lies in the manner in which one assesses the purpose of law in general and of adjudication in particular, and more deeply, on which grounds one appraises their moral quality. After a brief examination of these issues, the author tries to analyse how these preliminary considerations impact on one’s understanding of the limits and potentialities of adjudication in matters involving historical treaty implementation.