Awards

• Short-listed for 2019 CLSA Book Prize awarded by the Canadian Law and Society Association 2019 (Canada)
• Short-listed for Walter Owen Book Prize awarded by The Canadian Foundation for Legal Research 2019 (Canada)

Overview

Full Product Details

Author:   Philip Girard ,  Jim Phillips ,  R. Blake Brown
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 15.20cm , Height: 5.10cm , Length: 22.90cm
Weight:   1.220kg
ISBN:  

9781487547462

ISBN 10:   1487547463
Pages:   277
Publication Date:   17 May 2019
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Foreword Acknowledgments PART ONE: INTRODUCTION 1 Introduction Legal Pluralism in Empires and Nations Indigenous Law in History: Methodological and Theoretical Issues Liberty and Order Overview: Historiography and Periodization 2 Roots: Indigenous Legal Traditions Indigenous Legal Traditions: Basic Features Indigenous Law: Process and Content 3 Roots: French Legal Traditions The Roman Legacy The Emergence of the French Customs Institutional Development Legal Education, the Legal Professions, and the Role of Doctrine The Constitution 4 Roots: British Legal Traditions The Anglo-Saxon Legacy Institutional Development after 1066 and the Emergence of the Common Law Legal Education, the Legal Professions, and the Role of Doctrine The Constitution PART TWO: EUROPEAN CHARTERED ENTERPRISE, NEW FRANCE, AND THE ENCOUNTER WITH INDIGENOUS LAW, 1500–1701 5 Early Contacts, Early Charters 6 Law and Governance in the French Possessions: Public Law and the Growth of Institutions From Seigneurial Fief to Royal Colony: Institutional Development Seigneurial Law Notaries Civil Procedure Criminal Procedure 7 Law and Governance in the English Possessions Newfoundland: From Company to Proprietorship to Anti-Colony Rupert’s Land: The Emergence of a Company-State 8 The Interface of European and Indigenous Law 9 French Private Law The French Customs The Law of Marriage and the Family The Law of Family Property: Matrimonial Regimes and Succession The Law of Obligations 10 The Early Modern Legacy PART THREE: THE LONG EIGHTEENTH CENTURY, 1701–1815 11 Constitutional Law in the Long Eighteenth Century The Politico-Military Context The Legal Contexts Slavery, Race, and the Constitution 12 New France/Quebec/Lower Canada: Political Institutions, Courts, and Relations with Indigenous Peoples New France before 1760 Quebec/Lower Canada after 1760 Relations with Indigenous Peoples 13 The British Colonies of Settlement: Political Institutions, Courts, and Relations with Indigenous Peoples Nova Scotia, New Brunswick, and Prince Edward Island Upper Canada 14 The British Commercial Territories: Newfoundland and Rupert’s Land Justice beyond the Settlement Frontier: The Challenge of Remoteness Newfoundland Rupert’s Land 15 The Legal Professions 16 Criminal Law and Criminal Justice English Criminal Law in the Eighteenth Century The Reception of English Criminal Law in British North America Punishment in Practice Bringing an Offender to Court: Policing and Prosecution The Criminal Courts: Pretrial Procedures The Criminal Trial 17 Indigenous Law 18 Private Law: The Civil Law 320 The Civil Law to 1760: Canada, Acadia, Louisbourg 320 The Civil Law after 1760: The Emergence of a Mixed Legal Tradition 324 19 Private Law: The Common Law 20 The Early Modern Legacy PART FOUR: BRITISH NORTH AMERICA, 1815–1860s 21 Law in British North America, 1815–1866: Introduction 22 Court Systems and Judicial Personnel The Development of a British North American Judiciary Separation of Powers, Appointment and Removal of Judges, and Judicial Remuneration Circuit Systems: Bringing the Centre to the Hinterland Chancery Courts The Rise of Inferior Tribunals New Superior Courts and Professional Courts of Appeal in the Canadas Procedural Reform 23 Sources of Law and Law Reform Sources of Law in Common Law Jurisdictions Sources of Law: The Civil Law Sources of Law: The Civil Code of Lower Canada Statutes: Making and Remaking Local Laws and Societies 24 Indigenous Law in British North America Indigenous Governance in an Age of Settler Political Reform Legal Personality and Indigenous Agency Land Use and Citizenship 25 The Legal Professions Entry and Governance The Business of Lawyering The Emergence of University Legal Education Legal Literature Law Reporting 26 Constitutional Developments I: European-Indigenous Relations, the Old Colonial System, and the Rebellions, 1815–ca 1839 Indigenous Peoples, Treaties, and the Constitution in Eastern British North America The Settler Constitution: Executives, Councils, and Assemblies Rebellion and Repression in the Canadas 27 Constitutional Developments II: The Act of Union, Responsible Government, and the Origins of Acculturation Policy, ca 1840–1866 The Settler Constitution after the Rebellions: The Union of the Canadas and Responsible Government The Settler Constitutions and Responsible Government Indigenous Peoples and the ‘Civilizing Mission’ Settlement and Colonization in the West 28 Criminal Justice I: Criminal Law, Punishment, and Policing The Age of Reform: The Demise of Capital and Corporal Punishment Dissatisfaction with Physical Punishments The Search for Penal Reform and the Rise of the Penitentiary Policing 29 Criminal Justice II: The Criminal Trial The Criminal Process: Judges, Juries, and Procedure Prosecution by Counsel for the Crown Defence Counsel before the Mid-1830s The Prisoners’ Counsel Acts and Their Effect 30 Land Law and Policy: Titles, Tenure, Squatters, Indigenous Dispossession, and the Rights and Obligations of Ownership Upper Canada: Clergy Reserves and Aliens’ Titles Lower Canada: Competing Land Law Systems and Seigneuralism Prince Edward Island: Landlordism Land Titles and Squatters in Nova Scotia and New Brunswick Newfoundland: The Formalization of Possessory Title Indigenous Peoples’ Continued Dispossession The Rights and Obligations of Land Ownership 31 Law and the Economy I: Common Law, Statutes, and the Emergence of the Corporation Judges, Private Law, and the Economy Colonial Statutes and the Market The Emergence and Growth of Corporations to 1850 The 1850s and 1860s: Corporate Growth and Sectoral Incorporation Limited Liability and the Morality of the Corporation 32 Law and the Economy II: Debtor-Creditor Law Imprisonment for Debt Bankruptcy Laws Insolvency: A Clash of Ideologies 33 Less Favoured by Law I: Blacks and Workers Blacks and the Law: Not Slaves, but Not Equal Segregated Schools Fugitive Former Slaves and Extradition Labour and the Law 34 Less Favoured by Law II: Women and the Law Common Law Married Women’s Property: Equity and Statutory Change The Common Law: Unmarried Parents Divorce The Civil Law: Married Women’s Property The Civil Law: Unmarried Parents 35 Law and Legal Institutions on the Eve of Confederation: The British North American Legacy Abbreviations Notes Illustration Credits Statutory and Proclamation Index Name Index Topical Index history of law in canada

Reviews

[This] is the best synthesis of a field I have ever seen and should be required reading for all historians of Canada. It is astonishingly all-encompassing, examining not just the history of the evolution of the Canadian constitution, [...] derived from France and Britain, but also the history of the Indigenous system of law. -- Philip Buckner, University of New Brunswick * <em>British Journal of Canadian Studies</em> *

""[This] is the best synthesis of a field I have ever seen and should be required reading for all historians of Canada. It is astonishingly all-encompassing, examining not just the history of the evolution of the Canadian constitution, […] derived from France and Britain, but also the history of the Indigenous system of law."" -- Philip Buckner, University of New Brunswick * <em>British Journal of Canadian Studies</em> *

'A History of Law in Canada is an ambitious study that skilfully brings together the legal history of regions, of peoples, and, indeed, of both western European and Indigenous civilizations. The legal histories of Acadia, Newfoundland, and other regions are treated with serieux and are integrated with the legal history of central Canada in a fascinating, original fashion.' - Brian Young, James McGill Professor of Canadian History, emeritus, McGill University

Author Information

Philip Girard is a professor of law at Osgoode Hall Law School at York University. Jim Phillips is a professor emeritus of law and history at the University of Toronto. R. Blake Brown is a professor of history at Saint Mary’s University.

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