Author: David H. Flaherty

Publisher: University of Toronto Press

ISBN: 1442613580

Category: History

Page: 593

View: 377

This volume is the second in the Essays in the History of Canadian Law series, designed to illustrate the wide possibilities for research and writing in Canadian legal history. In combination, these volumes reflect the wide-ranging scope of legal history as an intellectual discipline andencourage others to pursue important avenues of inquiry on all aspects of our legal past. Topics include the role of civil courts in Upper Canada; legal education; political corruption;nineteenth-century Canadian rape law; the Toronto Police Court; the Kamloops outlaws and commissions of assize in nineteenth-century British Columbia; private rights and public purposes in Ontario waterways; the origins of workers' compensation in Ontario; and the evolution of the Ontario courts. Contributors include Brendan O'Brien, Peter N. Oliver, William N.T. Wylie, G. Blaine Baker, Paul Romney, Constance B. Backhouse, Paul Craven, Hamar Foster, Jamie Bendickson, R.C.B. Risk, and Margaret A. Banks.
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Quebec and the Canadas

Author: G. Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442648155

Category: History

Page: 608

View: 5917

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
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Nova Scotia

Author: Philip Girard,Jim Phillips

Publisher: University of Toronto Press

ISBN: 1442658401

Category: Law

Page: 388

View: 2429

This third volume of Essays in the History of Canadian Law presents thoroughly researched, original essays in Nova Scotian legal history. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss the juridical failure of the Annapolis regime, present a collective biography of the province's superior court judiciary to 1900, and examine the property rights of married women in the nineteenth century. The second section deals with criminal law, exploring vagrancy laws in Halifax in the late nineteenth century, aspects of prisons and punishments before 1880, and female petty crime in Halifax. The third section, on family law, examines the issues of divorce from 1750 to 1890 and child custody from 1866 to 1910. Finally, two essays relate to law and the economy: one examines the Mines Arbitration Act of 1888; the other considers the question of private property and public resources in the context of the administrative control of water in Nova Scotia.
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Author: David H. Flaherty

Publisher: University of Toronto Press

ISBN: 0802099114

Category: History

Page: 480

View: 1079

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.
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Author: John McLaren,Hamar Foster,David H. Flaherty,Osgoode Society

Publisher: University of Toronto Press

ISBN: 9780802071514

Category: History

Page: 583

View: 5683

These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.
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Crime and Criminal Justice in Canadian History

Author: Susan Lewthwaite,Tina Loo,Jim Phillips

Publisher: University of Toronto Press

ISBN: 1442659084

Category: Law

Page: 584

View: 5542

This fifth volume in the distinguished series on the history of Canadian law turns to the important issues of crime and criminal justice. In examining crime and criminal law specifically, the volume contributes to the long-standing concern of Canadian historians with law, order, and authority. The volume covers criminal justice history at various times in British Columbia, Ontario, Quebec, and the Maritimes. It is a study which opens up greater vistas of understanding to all those interested in the interstices of law, crime, and punishment.
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Author: David H. Flaherty

Publisher: University of Toronto Press

ISBN: 0802090435

Category: History

Page: 320

View: 9681

The study of Canadian legal history has seen a remarkable growth in the past decade, nowhere more so than in Atlantic Canada. Given its early settlement and some of the liberties taken with legal procedure there - as well as some creative interpretations of English law - the region is ripe for close study in the legal history field. This new collection examines that history on 'two islands:' Newfoundland and Prince Edward Island. The essays examine legal themes, developments, and disputes, and offer a framework for comparing ways of administering justice through the courts in the eighteenth and nineteenth centuries. The cases examined are particularly interesting for the light they throw on legal process and, especially, on the motives of the parties. Unlike in contemporary England and Upper Canada, the English precedents gave way to local needs as equitable regimes emerged that put family and community interests first, and treated all members of the family in ways tailored to their personal needs and circumstances. This volume, which includes a number of essays examining women's legal status and access to the courts, is a comprehensive and fascinating examination of legal history in two Canadian provinces.
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Author: David H. Flaherty,Osgoode Society

Publisher: University of Toronto Press

ISBN: 9780802047298

Category: Law

Page: 640

View: 5431

The collected essays in this volume represent the highlights of legal historical scholarship in Canada today. All of the essays refer back in some form to Risk's own work in the field.
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In Honour of R.C.B. Risk

Author: George Blain Baker,Jim Phillips

Publisher: University of Toronto Press

ISBN: 1442657804

Category: Law

Page: 606

View: 897

This volume in the Osgoode Society's distinguished series on the history of Canadian law is a tribute to Professor R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority. The fifteen original essays are by notable scholars, some of whom were students of Professor Risk, and represent some of the best and most original work in the area of Canadian legal history. They cover a number of important topics that range from the form of the criminal trial in the eighteenth century, to debates over the meaning of property in the nineteenth, and to lawyer/poet Tom MacInnes's views on the law of aboriginal title in the twentieth century.
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Collected Essays

Author: R. C. B. Risk,G. Blaine Baker,Jim Phillips,Osgoode Society for Canadian Legal History

Publisher: University of Toronto Press

ISBN: 0802094244

Category: Law

Page: 434

View: 1387

This volume in the Osgoode Society's distinguished series on the history of Canadian law is a collection of the principal essays of Professor Emeritus R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority on the history of Canadian legal thought. Frank Scott, Bora Laskin, W.P.M. Kennedy, John Willis and Edward Blake are among the better known figures whose thinking and writing about law are featured in this collection. But this compilation of the most important essays by a pioneer in Canadian legal history brings to light many other lesser known figures as well, whose writings covered a wide range of topics, from estoppel to the British North America Act to the purpose of legal education. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate.
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Author: Hamar Foster,John McLaren

Publisher: N.A

ISBN: 9781442657021

Category: HISTORY

Page: 583

View: 1056

These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.
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Historical Essays

Author: Barrington Walker

Publisher: University of Toronto Press

ISBN: 1442646896

Category: Law

Page: 483

View: 7781

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 questions 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.
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Essays in the History of Native-Newcomer Relations

Author: Myra Rutherdale,Kerry Abel,P. Whitney Lackenbauer

Publisher: University of Toronto Press

ISBN: 1487513062

Category: History

Page: 464

View: 8407

Roots of Entanglement offers an historical exploration of the relationships between Indigenous peoples and European newcomers in the territory that would become Canada. Various engagements between Indigenous peoples and the state are emphasized and questions are raised about the ways in which the past has been perceived and how those perceptions have shaped identity and, in turn, interaction both past and present. Specific topics such as land, resources, treaties, laws, policies, and cultural politics are explored through a range of perspectives that reflect state-of-the-art research in the field of Indigenous history. Editors Myra Rutherdale, Whitney Lackenbauer, and Kerry Abel have assembled an array of top scholars including luminaries such as Keith Carlson, Bill Waiser, Skip Ray, and Ken Coates. Roots of Entanglement is a direct response to the Truth and Reconciliation Commission’s call for a better appreciation of the complexities of history in the relationship between Indigenous and non-Indigenous peoples in Canada.
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First Nations and the Great Lakes Borders and Borderlands

Author: Karl S. Hele

Publisher: Wilfrid Laurier Univ. Press

ISBN: 1554580048

Category: History

Page: 351

View: 6804

Proceedings of a conference held at University of Western Ontario, London, Ont., Feb. 11-12, 2005.
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Essays in Honour of Professor David Vaver

Author: Catherine W Ng,Lionel Bently,Giuseppina D'Agostino

Publisher: Bloomsbury Publishing

ISBN: 1847315933

Category: Law

Page: 528

View: 6849

This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
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Essays in Honour of Jan Klabbers

Author: Rain Liivoja,Jarna Petman

Publisher: Routledge

ISBN: 1135116059

Category: Law

Page: 384

View: 1488

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.
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Essays in Honour of Paul Brand

Author: Travis R. Baker

Publisher: Routledge

ISBN: 1317107764

Category: History

Page: 280

View: 9113

Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England’s adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.
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Socio-Legal Essays in Honour of Roger Cotterrell

Author: Richard Nobles,David Schiff

Publisher: Routledge

ISBN: 1317107284

Category: Law

Page: 372

View: 6605

This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
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Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 2279

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
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Two Islands, Newfoundland and Prince Edward Island

Author: Christopher English

Publisher: University of Toronto Press

ISBN: 1442658169

Category: Law

Page: 438

View: 1072

The study of Canadian legal history has seen a remarkable growth in the past decade, nowhere more so than in Atlantic Canada. Given its early settlement and some of the liberties taken with legal procedure there - as well as some creative interpretations of English law – the region is ripe for close study in the legal history field. This new collection examines that history on 'two islands:' Newfoundland and Prince Edward Island. The essays examine legal themes, developments, and disputes, and offer a framework for comparing ways of administering justice through the courts in the eighteenth and nineteenth centuries. The cases examined are particularly interesting for the light they throw on legal process and, especially, on the motives of the parties. Unlike in contemporary England and Upper Canada, the English precedents gave way to local needs as equitable regimes emerged that put family and community interests first, and treated all members of the family in ways tailored to their personal needs and circumstances. This volume, which includes a number of essays examining women's legal status and access to the courts, is a comprehensive and fascinating examination of legal history in two Canadian provinces.
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