An Index to Common Law Festschriften

An Index to Common Law Festschriften
Author: Michael Taggart
Publisher: Bloomsbury Publishing
Total Pages: 344
Release: 2006-09-01
Genre: Law
ISBN: 1847312756

This is the first ever index of contributions to common law Festschriften and fills a serious bibliographic gap in the literature of the common law. The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 296 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 5,000 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway and Sweden.

Essays in the History of Canadian Law

Essays in the History of Canadian Law
Author: J. Phillips
Publisher: University of Toronto Press
Total Pages: 484
Release: 2008-09-18
Genre: Law
ISBN: 1442693207

Written to honour the life and work of the late Peter N. Oliver, the distinguished historian and editor-in-chief of the Osgoode Society for Canadian Legal History from 1979-2006, this collection assembles the finest legal scholars to reflect on the issues in and development of the field of legal history in Canada. Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris. The introduction also provides insight into the history of the Osgoode Society and of Oliver's essential role in it, along with an illuminating analysis of the Society's publications program, which produced sixty-six books during his tenure. A fitting tribute to one of the foremost legal historians, this tenth volume of Essays in the History of Canadian Law is a significant contribution to the discipline to which Oliver devoted so much.

Shaping Nations

Shaping Nations
Author: Linda Cardinal
Publisher: University of Ottawa Press
Total Pages: 347
Release: 2002
Genre: History
ISBN: 077660533X

As questions concerning nationhood and national identity continue to preoccupy both Canada and Australia, Shaping Nations brings together the work of Australian and Canadian scholars around five core themes: constitutionalism, colonialism, republicanism, national identity, and governance.

A History of Law in Canada, Volume Two

A History of Law in Canada, Volume Two
Author: Jim Phillips
Publisher: University of Toronto Press
Total Pages: 604
Release: 2022-11-01
Genre: Law
ISBN: 1487545681

This is the second of three volumes in an important collection that recounts the sweeping history of law in Canada. The period covered in this volume witnessed both continuity and change in the relationships among law, society, Indigenous peoples, and white settlers. The authors explore how law was as important to the building of a new urban industrial nation as it had been to the establishment of colonies of agricultural settlement and resource exploitation. The book addresses the most important developments in the seventeenth, eighteenth, and nineteenth centuries, including legal pluralism and the co-existence of European and Indigenous law. It pays particular attention to the Métis and the Red River Resistance, the Indian Act, and the origins and expansion of residential schools in Canada. The book is divided into four parts: the law and legal institutions; Indigenous peoples and Dominion law; capital, labour, and criminal justice; and those less favoured by the law. A History of Law in Canada examines law as a dynamic process, shaped by and affecting other histories over the long term.

City of Order

City of Order
Author: Michael Boudreau
Publisher: UBC Press
Total Pages: 354
Release: 2012-05-15
Genre: Social Science
ISBN: 0774822074

Interwar Halifax was a city in flux, a place where citizens debated adopting new ideas and technologies but agreed on one thing – modernity was corrupting public morality and unleashing untold social problems on their fair city. In this context, citizens, policy makers, and officials turned to the criminal justice system to create a bulwark against further social dislocation. Officials modernized the city’s machinery of order – courts, prisons, and the police force – and placed greater emphasis on crime control, while residents supported tough-on-crime measures and attached little importance to rehabilitation. These initiatives gave birth to a constructed vision of a criminal class that singled out ethnic minorities, working-class men, and female and juvenile offenders as problem figures in the eternal quest for order. Michael Boudreau’s in-depth study of crime and culture in interwar Halifax, the first of its kind, shows how tough-on-crime measures can compound, rather than resolve, social inequalities and dislocations.

Race on Trial

Race on Trial
Author: Barrington Walker
Publisher: University of Toronto Press
Total Pages: 281
Release: 2011-07-01
Genre: Law
ISBN: 0802096107

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

Colonial Proximities

Colonial Proximities
Author: Renisa Mawani
Publisher: UBC Press
Total Pages: 288
Release: 2010-01-01
Genre: Law
ISBN: 0774858850

Real and imagined encounters among Aboriginal peoples, European colonists, Chinese migrants, and mixed-race populations produced racial anxieties that underwrote crossracial contacts in the salmon canneries, the illicit liquor trade, and the (white) slavery scare in late-nineteenth- and early-twentieth-century British Columbia. Colonial Proximities explores the legal and spatial strategies of rule deployed by Indian agents, missionaries, and legal authorities who aspired to restrict crossracial encounters. By connecting genealogies of aboriginal-European contact with those of Chinese migration, this book reveals that territorial dispossession and Chinese exclusion were never distinct projects but two conjunctive processes in the making of the settler regime. Drawing on archival documents and historical records, Colonial Proximities historicizes current discussions of multiculturalism and pluralism in modern settler societies by revealing how crossracial interactions in one colonial contact zone inspired juridical racial truths and forms of governance that continue to linger in contemporary racial politics. It is essential reading for students and practitioners of history, anthropology, sociology, colonial/ postcolonial studies, and critical race and legal studies.

Misconceptions

Misconceptions
Author: Lori Chambers
Publisher: University of Toronto Press
Total Pages: 281
Release: 2007-09-22
Genre: History
ISBN: 1442690585

In 1921, despite the passing of legislation intended to ease the consequences of illegitimacy for children (Children of Unmarried Parents Act), reformers in Ontario made no effort to improve the status of unwed mothers. Furthermore, the reforms that were passed served as models for legislation in other provinces and even in some American states, institutionalizing, in essence, the prejudices evident throughout. Until now, historians have not sufficiently studied these measures, resulting in the marginalization of unwed mothers as historical subjects. In Misconceptions, Lori Chambers seeks to redress this oversight. By way of analysis and careful critique, Chambers shows that the solutions to unwed pregnancy promoted in the reforms of 1921 were themselves based upon misconceptions. The book also explores the experiences of unwed mothers who were subjected to the legislation of the time, thus shedding an invaluable light on these formerly ignored subjects. Ultimately, Misconceptions argues that child welfare measures which simultaneously seek to rescue children and punish errant women will not, and cannot, succeed in alleviating child or maternal poverty.

Magistrates, Police and People

Magistrates, Police and People
Author: Donald Fyson
Publisher: University of Toronto Press
Total Pages: 497
Release: 2006-01-01
Genre: Law
ISBN: 0802092233

Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focusing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, the system offered the colonial state and its elites a powerful, though often faulty, means of imposing their will on Quebec society. This study will challenge many received historical interpretations, providing new insight into criminal justice in early Quebec.

The African Canadian Legal Odyssey

The African Canadian Legal Odyssey
Author: Barrington Walker
Publisher: University of Toronto Press
Total Pages: 639
Release: 2012-11-13
Genre: Law
ISBN: 1442666811

The African Canadian Legal Odyssey explores the history of African Canadians and the law from the era of slavery until the early twenty-first century. ;This collection demonstrates that the social history of Blacks in Canada has always been inextricably bound to questi52.99ons of law, and that the role of the law in shaping Black life was often ambiguous and shifted over time. Comprised of eleven engaging chapters, organized both thematically and chronologically, it includes a substantive introduction that provides a synthesis and overview of this complex history. This outstanding collection will appeal to both advanced specialists and undergraduate students and makes an important contribution to an emerging field of scholarly inquiry.