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Dewigged Bothered And Bewildered

Author: John McLaren
Publisher: University of Toronto Press
ISBN: 1442644370
Size: 71.73 MB
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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.

Essays In The History Of Canadian Law

Author: David H. Flaherty
Publisher: University of Toronto Press
ISBN: 1442613580
Size: 40.82 MB
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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.

Essays In The History Of Canadian Law

Author: Philip Girard
Publisher: University of Toronto Press
ISBN: 1442613599
Size: 48.40 MB
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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.

Borderline Crime

Author: Bradley Miller
Publisher: University of Toronto Press
ISBN: 1487501277
Size: 61.53 MB
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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.

Between Indigenous And Settler Governance

Author: Lisa Ford
Publisher: Routledge
ISBN: 0415699703
Size: 56.83 MB
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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.

Legal Histories Of The British Empire

Author: Shaunnagh Dorsett
Publisher: Routledge
ISBN: 1317915747
Size: 47.53 MB
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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.

Public Sentinels

Author: Dr Gabrielle Appleby
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472407032
Size: 36.69 MB
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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.

Decolonising Indigenous Child Welfare

Author: Terri Libesman
Publisher: Routledge
ISBN: 1134518234
Size: 33.29 MB
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During the past decade, a remarkable transference of responsibility to Indigenous children’s organisation has taken place in many parts of Australia, Canada, the USA and New Zealand. It has been influenced by Indigenous peoples’ human rights advocacy at national and international levels, by claims to self-determination and by the globalisation of Indigenous children’s organisations. Thus far, this reform has taken place with little attention from academic and non-Indigenous communities; now, Decolonising Indigenous Child Welfare: Comparative Perspectives considers these developments and, evaluating law reform with respect to Indigenous child welfare, asks whether the pluralisation of responses to their welfare and well-being, within a cross-cultural post-colonial context, can improve the lives of Indigenous children. The legislative frameworks for the delivery of child welfare services to Indigenous children are assessed in terms of the degree of self-determination which they afford Indigenous communities. The book draws upon interdisciplinary research and the author’s experience collaborating with the peak Australian Indigenous children’s organisation for over a decade to provide a thorough examination of this international issue. Dr Terri Libesman is a Senior Lecturer in the Law Faculty, at the University of Technology Sydney. She has collaborated, researched and published for over a decade with the peak Australian Indigenous children’s organisation.

The Aborigines Protection Society

Author: James Heartfield
Publisher: C Hurst
ISBN: 9781849041201
Size: 59.90 MB
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This is the first book on Aborigines' Protection Society. A colonial history, it looks at how natives were 'protected' in Southern Africa, the Congo, New Zealand, Fiji, Australia and Canada. The author shows how even those with the best of intentions ended up championing colonisation

Colonial Proximities

Author: Renisa Mawani
Publisher: UBC Press
ISBN: 0774858850
Size: 41.45 MB
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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.