Nicholas Bala 's Article Controversy Over Couples Essay

Nicholas Bala 's Article Controversy Over Couples Essay

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Part IV - Situating the Article in the Broader Literature

Nicholas Bala’s article Controversy over Couples in Canada: The Evolution of Marriage and Other Adult Interdependent Relationships addresses the research question of how common law couples should be treated at the end of their relationships in terms of property division compared to the way that formally married couples are treated. Nicholas Bala writes from a liberal framework, where the basic assumptions are that individuals are the primary actors in society and that individuals are all autonomous and rational in the ability to make our own choices. This form of legal liberalism also recognized that there is a concern about whether or not people are treated equally. This differs from the theoretical approach that Christine Davies uses in her article, for liberal legal theory views individuals as independent of the community and other selves whereas legal realism views the law as a means to achieve a social end. Nonetheless, both theoretical approaches account for the principle of equality. Nicholas Bala relies on a broad spectrum of sources, such as case law, government documents, reports from law commission rulings, statutes, as well as social science evidence. He focuses on primary legal sources and analysis of what they stand for according to the law of precedence and interpretation. In contrast, Christine Davies primarily uses case law to establish evidence for her arguments. The main argument in the article is focused on the treatment of common law couples in comparison to formally married couples. Nicholas Bala argues that the inequality between the way that married couples are treated at the end of their relationship in comparison to the way common law couples ar...


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...relevance to the central part of their strategy. The EGALE factum discussed the legal arguments from the first page, whereas the Halpern case factum devoted four sections to historical and social science evidence, specifically on its purposes, the effects of its denial, and the importance of equal marriage recognition to gays and lesbians. This led to the use of social science evidence at the British Columbia Court of Appeal to demonstrate the history and contemporary nature of marriage and family. The British Columbia Court of Appeal allowed EGALE 's appeal which results in the Halpern case trial lawyers placing a greater emphasis on social science evidence and the applicants ' stories. The success of Charter right arguments in EGALE at the British Columbia Court of Appeal can be attributed to the emphasis of the experiences of gays and lesbians in Canadian society.

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