Legal Research, Legal Reasoning and Precedent in Canada in the Digital Age

(2018) 48 Advocates’ Quarterly 1

45 Pages Posted: 15 Feb 2018

See all articles by Jonathan de Vries

Jonathan de Vries

Shillingtons LLP; University of Western Ontario, Faculty of Law, Students

Date Written: February 2, 2018

Abstract

The past few decades have witnessed the rapid replacement of print-based sources of legal information by digital sources. This article summarizes the existing Anglo-American scholarship on the interaction between legal media, legal reasoning and substantive law, and applies it to the context of Canadian law and Canada’s unique experience of print-based legal information. While Canada adopted the intellectual methods of a print-based legal system, it lagged behind in the establishment of print-based sources of legal information, with the result that the intellectual and institutional structures that derive from print media were nowhere near as entrenched in Canadian law as compared with other common law jurisdictions. Therefore, to whatever degree the transition to digital legal information poses a threat of disruption to a common law legal system, this disruptive effect will be more acute in Canada than in the United States or England.

Keywords: Legal Research, Digital Media, Precedent, Legal History, Law Reporting

Suggested Citation

de Vries, Jonathan, Legal Research, Legal Reasoning and Precedent in Canada in the Digital Age (February 2, 2018). (2018) 48 Advocates’ Quarterly 1. Available at SSRN: https://ssrn.com/abstract=3116863

Jonathan De Vries (Contact Author)

Shillingtons LLP ( email )

1500-148 Fullarton Street
London, Ontario N6A 5P3
Canada

University of Western Ontario, Faculty of Law, Students ( email )

London, Ontario N6A 3K7
Canada

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