No Justice, No Peace: Beyond (Or Back Into) the Hobbesian Trap

Perhaps the most distinctive feature of the common law legal systems is an abiding faith in the doctrine of stare decisis, that like matters should be decided alike. This organizing principle stands even above reason, or rather places the trier of fact in a position of having to analogize or distinguish a given matter from previous case law. To invert a familiar maxim, the common law system is set so as to decide by reason of authority rather than the authority of reason. While this creates something of an orderly system, it does so at the risk of perpetuating injustice where matters have been decided wrongly. Leo will discuss this way of balancing order and fairness and speak against the abiding Canadian pronouncement that order prevail.

Leo Evans is a Juris Doctor (JD) student in the Allard School of Law. His interest in law rests somewhere between Indigenous law and international law, particularly where both meet. Having studied philosophy and international relations as an undergraduate, Leo plans to continue his studies after completing his degree at UBC. Being both Indigenous and non-Indigenous, Leo hopes to be involved in the work done abroad in support of Indigenous people everywhere as part of the advancement of human rights.