La doctrine a-t-elle un avenir au Québec?

Dalphond, Pierre J.
October 2008
McGill Law Journal;Autumn2008, Vol. 53 Issue 3, p517
Academic Journal
Québécois doctrine is built within a context that is heavily influenced by the Civil Code of Quebec's effort to standardize social relations. To analyze this particular function of doctrine, the author first attempts to develop a working definition of doctrine, which generally consists of legal scholarship that emanates from law faculties and critically analyzes law and jurisprudence. Establishing a parallel with French doctrine, the author describes the historical development of Québécois doctrine and brings its diversity to light. He then dissects judicial decisions of the Court of Appeal of Quebec and the Supreme Court of Canada from 2006 in order to analyze their references to doctrine. Relying among other things on his own personal experience, he discusses the significant importance that doctrine has had in several decisions. The author then concludes by identifying the challenges that doctrine currently faces.


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