| This thesis concerns Crown contracts and how they are conceptualized. It begins with the preliminary project of determining the important qualities of the Canadian State in order to understand better the nature of its contractual commitments. Chapter One explores the relationship between individual and State; it eschews the traditional juristic theory of the State in favour of a meta-theoretical one. It locates the State in both its institutional conduct and in the values and distinctive qualities which are ascribed to the State independently of what it does.;Chapter Two challenges the conceptual soundness of the model in light of State theory and questions the model's descriptive accuracy.;In the final Chapter, a public law model of the Crown's contractual liability is offered.;This thesis concludes that through a public law strategy, it is possible for the law of Crown liability to become systematic and unified. (Abstract shortened by UMI.) ftn... |
