Area of Study / Keywords
legal philosophy general jurisprudence political philosophy Rule of Law philosophical pragmatism jurisprudential methodology eliminativism
Hillary Nye is an Associate Professor in the Faculty of Law at the University of Alberta. Her research is in legal philosophy, focusing particularly on issues of jurisprudential methodology, philosophical pragmatism, and the Rule of Law. She holds a doctorate (JSD) and a masters (LLM) from New York University School of Law, as well as a BA and LLB from The University of Queensland, Australia. Most recently, before joining U of A Law, she was a Postdoctoral Fellow in the Law Department of the London School of Economics and Political Science, where she taught jurisprudence. Her publications include peer-reviewed articles in the Oxford Journal of Legal Studies and the Canadian Journal of Law and Jurisprudence.
A discussion of the prerequisites to the creation of contractual obligation: offer and acceptance, intention and certainty, consideration, the requirements of writing and capacity. The effect of misrepresentations and terms of the contract, together with the problems of exclusion clauses and of standard form contracts. Questions of discharge from contractual obligation on the grounds of mistake, undue influence, duress, unconscionable transactions and frustration. Remedies for breach of contract.
An examination of the organization of the legal profession in Canada and the professional conduct of lawyers as determined by law, ethical codes of conduct and service to the public interest. The course will address civility in communication and conduct, common ethical issues in practice, the fiduciary nature of the lawyer's work, conflicts of interest, confidentiality, lawyer professionalism, and the lawyer's role in the administration of justice including access to the legal system. This will include learning about forms of discrimination and bias recognized in Canadian human rights legislation as they are manifest racism, sexism and bias in the Canadian justice system and the legal profession with attention to racism and sexism.
Does Law ‘Exist’? Eliminativism in Legal Philosophy
Washington University Jurisprudence Review. 2023 January; 15 (1)
Ratio Juris. 2022 August; 35 (3):258-272 10.1111/raju.12359
Law and Philosophy. 2021 February; 40 10.1007/s10982-020-09401-7
Jurisprudence. 2020 June; 11 (4):503-529 10.1080/20403313.2020.1772006
Oxford Journal of Legal Studies. 2016 April; 37 (1):48–74 10.1093/ojls/gqw007
Canadian Journal of Law & Jurisprudence . 2016 February; 29 (1):71 - 95 10.1017/cjlj.2016.3
View additional publications