• History

Dewigged, Bothered, and Bewildered

British Colonial Judges on Trial, 1800-1900
Author: John McLaren
Publisher: University of Toronto Press
ISBN: 1442644370
Category: History
Page: 441
View: 9755
Throughout the British colonies in the nineteenth century, judges were expected not only to administer law and justice, but also to play a significant role within the governance of their jurisdictions. British authorities were consequently concerned about judges' loyalty to the Crown, and on occasion removed or suspended those who were found politically subversive or personally difficult. Even reasonable and well balanced judges were sometimes threatened with removal. Using the career histories of judges who challenged the system, Dewigged, Bothered, and Bewildered illuminates issues of judicial tenure, accountability, and independence throughout the British Empire. John McLaren closely examines cases of judges across a wide geographic spectrum — from Australia to the Caribbean, and from Canada to Sierra Leone — who faced disciplinary action. These riveting stories provide helpful insights into the tenuous position of the colonial judiciary and the precarious state of politics in a variety of British colonies.

    • History

The Court of Appeal for Ontario

Defining the Right of Appeal in Canada, 1792-2013
Author: Christopher Moore
Publisher: University of Toronto Press
ISBN: 1442622482
Category: History
Page: 376
View: 5130
In Christopher Moore’s lively and engaging history of the Court of Appeal for Ontario, he traces the evolution of one of Canada’s most influential courts from its origins as a branch of the lieutenant governor’s executive council to the post-Charter years of cutting-edge jurisprudence and national influence. Discussing the issues, personalities, and politics which have shaped Ontario’s highest court, The Court of Appeal for Ontario offers appreciations of key figures in Canada’s legal and political history – including John Beverly Robinson, Oliver Mowat, Bora Laskin, and Bertha Wilson – and a serious examination of what the right of appeal means and how it has been interpreted by Canadians over the last two hundred years. The first comprehensive history of the Ontario Court of Appeal, Moore’s book is the definitive and eminently readable account of the court that has been called everything from a bulwark against tyranny to murderer’s row.

    • History

Essays in the History of Canadian Law,


Author: David H. Flaherty
Publisher: University of Toronto Press
ISBN: 1442613580
Category: History
Page: 593
View: 5722
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.

    • Law

Essays in the History of Canadian Law

Nova Scotia
Author: Philip Girard,Jim Phillips
Publisher: University of Toronto Press
ISBN: 1442658401
Category: Law
Page: 388
View: 1799
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.

    • History

Petty Justice

Low Law and the Sessions System in Charlotte County, New Brunswick, 1785-1867
Author: Paul Craven
Publisher: University of Toronto Press
ISBN: 1442621788
Category: History
Page: 568
View: 8199
Until the late nineteenth-century, the most common form of local government in rural England and the British Empire was administration by amateur justices of the peace: the sessions system. Petty Justice uses an unusually well-documented example of the colonial sessions system in Loyalist New Brunswick to examine the role of justices of the peace and other front-line low law officials like customs officers and deputy land surveyors in colonial local government. Using the rich archival resources of Charlotte County, Paul Craven discusses issues such as the impact of commercial rivalries on local administration, the role of low law officials in resolving civil and criminal disputes and keeping the peace, their management of public works, social welfare, and liquor regulation, and the efforts of grand juries, high court judges, colonial governors, and elected governments to supervise them. A concluding chapter explains the demise of the sessions system in Charlotte County in the decade of Confederation.

    • History

Essays in the History of Canadian Law

Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Publisher: University of Toronto Press
ISBN: 1442670061
Category: History
Page: 608
View: 8650
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.

    • History

Borderline Crime

Fugitive Criminals and the Challenge of the Border, 1819-1914
Author: Bradley Miller
Publisher: University of Toronto Press
ISBN: 1487501277
Category: History
Page: 280
View: 3762
Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada.Miller also reveals how the law remained confused, amorphous, and often ineffectual at confronting the threat of the border to the rule of law.

    • History

The Poison Plot

A Tale of Adultery and Murder in Colonial Newport
Author: Elaine Forman Crane
Publisher: Cornell University Press
ISBN: 1501721321
Category: History
Page: 272
View: 5542
An accusation of attempted murder rudely interrupted Mary Arnold’s dalliances with working men and her extensive shopping sprees. When her husband Benedict fell deathly ill and then asserted she had tried to kill him with poison, the result was a dramatic petition for divorce. The case before the Rhode Island General Assembly and its tumultuous aftermath, during which Benedict died, made Mary a cause célèbre in Newport through the winter of 1738 and 1739. Elaine Forman Crane invites readers into the salacious domestic life of Mary and Benedict Arnold and reveals the seamy side of colonial Newport. The surprise of The Poison Plot, however, is not the outrageous acts of Mary or the peculiar fact that attempted murder was not a convictable offense in Rhode Island. As Crane shows with style, Mary’s case was remarkable precisely because adultery, criminality and theft, and even spousal homicide were well known in the New England colonies. Assumptions of Puritan propriety are overturned by the facts of rough and tumble life in a port city: money was to be made, pleasure was to be had, and if marriage became an obstacle to those pursuits a woman had means to set things right. The Poison Plot is an intimate drama constructed from historical documents and informed by Crane’s deep knowledge of elite and common life in Newport. Her keen eye for telling details and her sense of story bring Mary, Benedict, and a host of other characters—including her partner in adultery, Walter Motley, and John Tweedy the apothecary who sold Mary toxic drugs—to life in the homes, streets, and shops of the port city. The result is a vivid tale that will change minds about life in supposedly prim and proper New England.

    • History

Race, Religion and Law in Colonial India

Trials of an Interracial Family
Author: Chandra Mallampalli
Publisher: Cambridge University Press
ISBN: 1139505076
Category: History
Page: N.A
View: 6889
How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the mid-nineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. A family dispute resulted in a landmark court case, Abraham v. Abraham. Chandra Mallampalli uses this case to examine the lives of those involved, and shows that far from being products of a 'civilizing mission' who embraced the ways of Englishmen, the Abrahams were ultimately - when faced with the strictures of the colonial legal system - obliged to contend with hierarchy and racial difference.

    • Law

Public Sentinels

A Comparative Study of Australian Solicitors-General
Author: Dr Gabrielle Appleby,Professor John M Williams,Professor Patrick Keyzer
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472407032
Category: Law
Page: 304
View: 5738
In recent years, controversy has surrounded the role of top government lawyers in the United States and the United Kingdom. Allegations of bad lawyering and bad ethics in public office over the ‘torture memos’ in the United States and the political pressure placed on the Attorney-General in the United Kingdom to approve the legality of the Iraq war, have seen these relatively obscure group of government lawyers thrust into the public debate. Unlike its Anglo-American contemporaries, Australia’s chief legal adviser, the Solicitor-General, has remained largely out of the public eye. This collection provides a rare and overdue insight into a fundamental public institution in all Australian jurisdictions. It provides a historical, theoretical, practical and comparative perspective of this little known, but vitally important, office at a time when the transparency and accountability of government has taken on an increased significance. Of interest to anyone interested in the integrity of government, the book will be particularly useful to government, political parties and the academy. It will also be a valuable reference work to those working towards a redefinition of the role of top government legal advisors.

    • History

Between Indigenous and Settler Governance


Author: Lisa Ford
Publisher: Routledge
ISBN: 0415699703
Category: History
Page: 226
View: 9064
Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces – often unwittingly – for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.

    • History

Legal Histories of the British Empire

Laws, Engagements and Legacies
Author: Shaunnagh Dorsett,John McLaren
Publisher: Routledge
ISBN: 1317915747
Category: History
Page: 256
View: 949
This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

    • History

The Aborigines' Protection Society

Humanitarian Imperialism in Australia, New Zealand, Fiji, Canada, South Africa, and the Congo, 1836-1909
Author: James Heartfield
Publisher: Oxford University Press, USA
ISBN: 9780199327409
Category: History
Page: 379
View: 9991
For more than seventy years, the Aborigines' Protection Society, a select group of the great and the good, fought for the natives of the British Empire and against the tide of white supremacy to defend the interests of aboriginal peoples everywhere. Active on four continents, the Society brought the Zulu King Cetshwayo to meet Queen Victoria, and Maori rebels to the Lord Mayor's banqueting hall. The Society's supporters were denounced by senior British Army officers and white settlers as Zulu-lovers, 'so-called friends of the Aborigines', and even traitors. The book tells the story of the three-cornered fight among the Colonial Office, the settlers and the natives that shaped the Empire and the pivotal role that the Society played, persuading the authorities to limit settlers' claims in the name of native interests. Against expectations, the policy of native protection turned out to be one of the most important reasons for the growth of Imperial rule. James Heartfield's comparative study of native protection policies in Southern Africa, the Congo, New Zealand, Fiji, Australia, and Canada explains how those who held the best of intentions ended up unwittingly championing further colonisation. Pointing to the wreckage of humanitarian imperialism today, Heartfield sets out to understand its roots in the beliefs and practices of its nineteenth-century equivalents.

    • Law

Legal Pluralism and Empires, 1500-1850


Author: Lauren Benton,Richard J. Ross
Publisher: NYU Press
ISBN: 0814708188
Category: Law
Page: 336
View: 7716
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

    • Biography & Autobiography

Searching for Justice

An Autobiography
Author: Fred Kaufman,Osgoode Society for Canadian Legal History
Publisher: University of Toronto Press
ISBN: 0802090516
Category: Biography & Autobiography
Page: 359
View: 6186
The Honourable Fred Kaufman has been a distinguished figure in Canadian law for a half century. Born into a middle-class Jewish family in mid-1920s Vienna, Kaufman escaped to England on the eve of the Second World War. In 1940, he was interned as an 'enemy alien' and sent to Canada. Released in 1942, Kaufman stayed in Canada where he went on to university and law school in Montreal. Kaufman was called to the Bar of Quebec in 1955 and practiced criminal law for eighteen years, taking part in many of the famous cases of that period. In 1960, he secured the release of a young Pierre Elliott Trudeau from prison, and in 1973, Trudeau returned the favour by personally informing Kaufman of his appointment to the Quebec Court of Appeal, where he served for eighteen years, including one as Acting Chief Justice of Quebec. Since his retirement in 1991, Kaufman has led numerous commissions and inquiries, most notably the investigation into the wrongful conviction of Guy Paul Morin and the two-year reassessment of the Steven Truscott case. Searching for Justice is Kaufman's remarkable story in his own words. It is the tale of adversity overcome in a crucial period of Canadian legal history.

    • Law

Colonial Proximities

Crossracial Encounters and Juridical Truths in British Columbia, 1871-1921
Author: Renisa Mawani
Publisher: UBC Press
ISBN: 0774858850
Category: Law
Page: 288
View: 7217
Encounters among Aboriginal peoples, European colonists, Chinese migrants, and mixed-race populations generated a range of racial anxieties that underwrote colonialism in BC. By focusing on these points of contact, this book forges critical links between histories of migration and dispossession. The book highlights the legal and spatial strategies of rule mobilized by Indian agents, missionaries, and legal authorities who sought to restrict crossracial encounters. Mawani illustrates how interracial proximities in one colonial contact zone inspired the production of juridical racial truths and modes of governance that continue to linger in the racial politics of contemporary settler societies.

    • History

Imperial Connections

India in the Indian Ocean Arena, 1860-1920
Author: Thomas R. Metcalf
Publisher: Univ of California Press
ISBN: 9780520258051
Category: History
Page: 264
View: 8456
"Imperial Connections challenges the Eurocentrism implicit in many accounts of modern European empires. Focusing on the British empire when it was at its zenith, Metcalf analyzes the pivotal role the Raj played in the running of the empire in regions as far flung from one another as, say, Egypt, Uganda, Natal, and the Malay peninsula. This innovative book is a real tour de force from a respected and versatile historian of India."--Dipesh Chakrabarty, author of Provincializing Europe: Postcolonial Thought and Historical Difference "As he has done regularly throughout his career, Thomas Metcalf has once again refreshed the study of British imperial history with a bold new perspective. Imperial Connections puts South Asians--soldiers, policemen and labourers--right at the heart of his study."--C.A. Bayly, Cambridge University, author of The Birth of the Modern World "This is a distinctly original study which re-centers colonial power in provocative ways. Metcalf asks a simple question--why were Indians so persistently to be found elsewhere in the British empire, and in such significant numbers? Then elegantly offers answers that force us to re-think the operations of imperial power in critical ways. Wide-ranging, elegantly written, and meticulously researched, Metcalf's is an important and a persuasive study."--Philippa Levine, author of Prostitution, Race and Politics: Policing Venereal Disease in the British Empire, and forthcoming, The British Empire, Sunrise to Sunset

    • History

Networks of Empire

Forced Migration in the Dutch East India Company
Author: Kerry Ward
Publisher: Cambridge University Press
ISBN: 0521885868
Category: History
Page: 340
View: 5753
In this book, Ward examines the Dutch East India Company's control of migration as an expression of imperial power.

    • HISTORY

British Columbia and the Yukon


Author: Hamar Foster,John McLaren
Publisher: N.A
ISBN: 9781442657021
Category: HISTORY
Page: 583
View: 1910
These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.

    • Law

A History of Canadian Legal Thought

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: 3833
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.