Open AccessRedeeming the Promise of Our Laws
Author(s) -
Bryce C. Tingle
Publication year - 1992
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1230
Subject(s) - adjudication , charter , argument (complex analysis) , agency (philosophy) , deconstruction (building) , law , reading (process) , law and economics , politics , political science , philosophy , sociology , epistemology , engineering , biochemistry , chemistry , waste management
In this article, Tingle challenges the claim that reason is the agency by which judges determine the disposition of cases. He engages readers in a deconstruction of both liberal and communitarian rational arguments of the Charter of Rights and Freedoms to demonstrate that the outcome of his deconstructive reading is to render the Charter adjudication impossible as a rational enterprise. Tingle then makes the argument that ethics will permit the reconstitution of reason and the law and that ethics, which he separates from politics, escapes the deconstructive critique.