Author: Philip Girard
Publisher: University of Toronto Press
ISBN: 1442644109
Category : Law
Languages : en
Pages : 297
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Book Description
From award-winning biographer Philip Girard, Lawyers and Legal Culture in British North America is the first history of the legal profession in Canada to emphasize its cross-provincial similarities and its deep roots in the colonial period. Girard details how nineteenth-century British North American lawyers created a distinctive Canadian template for the profession by combining the strong collective governance of the English tradition with the high degree of creativity and client responsiveness characteristic of U.S. lawyers a mix that forms the basis of the legal profession in Canada today. Girard provides a unique window on the interconnections between lawyers' roles as community leaders and as legal professionals. Centred on one pre-Confederation lawyer whose career epitomizes the trends of his day, Beamish Murdoch (1800-1876), Lawyers and Legal Culture in British North America makes an important and compelling contribution to Canadian legal history.
Author: Philip Girard
Publisher: University of Toronto Press
ISBN: 1487530595
Category : Law
Languages : en
Pages : 928
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Book Description
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Author: James Muir
Publisher: University of Toronto Press
ISBN: 1487512317
Category : History
Languages : en
Pages : 302
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Book Description
In the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18th century. In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir’s lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and Merchant Power demonstrates how important the law was for people in their business affairs and how they shaped it for their own ends.
Author: Thomas G. W. Telfer
Publisher: University of Toronto Press
ISBN: 1442619694
Category : Business & Economics
Languages : en
Pages : 456
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Book Description
In 1880 the federal Parliament of Canada repealed the Insolvent Act of 1875, leaving debtor-creditor matters to be regulated by the provinces. Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity. In Ruin and Redemption, Thomas G.W. Telfer analyses the ideas, interests, and institutions that shaped the evolution of Canadian bankruptcy law in this era. Examining the vigorous public debates over the idea of bankruptcy, Telfer argues that the law was shaped by conflict over the morality of release from debts and by the divergence of interests between local and distant creditors. Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, thus making it an important contribution to the study of Canada’s commercial law.
Author: G. Blaine Baker
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773556184
Category : Biography & Autobiography
Languages : en
Pages : 465
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Book Description
Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.
Author: Angela Fernandez
Publisher: Bloomsbury Publishing
ISBN: 184731922X
Category : Law
Languages : en
Pages : 262
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Book Description
'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.
Author: Harry W. Arthurs
Publisher: McGill-Queen's Press - MQUP
ISBN: 077355758X
Category : Biography & Autobiography
Languages : en
Pages : 157
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Book Description
Harry W. Arthurs is a name held in high esteem by labour lawyers and academics throughout the world. Although many are familiar with Arthurs's contributions and accomplishments, few are acquainted with the man himself, or how he came to be one of the most influential figures in Canadian law and legal education. In Connecting the Dots Arthurs recounts his adventures in academe and the people, principles, ideas, motivations, and circumstances that have shaped his thinking and his career. The memoir offers intimate recollections and observations, beginning with the celebrated ancestors who influenced Arthurs's upbringing and education. It then sweeps through his career as an architect of important reforms in legal education and explores his research as a trailblazing commentator on the legal profession. Arthurs analyzes his experiences as a legal theorist and historian and his pivotal role as a discordant voice in debates over constitutional and administrative law. Along the way, he muses on the intellectual projects he embraced or set in motion, the institutional reforms he advocated, the public policies he recommended, and how they fared long term. Framed with commentary on the historical context that shaped each decade of his career and punctuated by moments of personal reflection, Connecting the Dots is a humorous, frank, and fearless account of the rise and fall of Canadian labour law from the man who was at the centre of it all.
Author: David Fraser
Publisher: University of Toronto Press
ISBN: 1442630485
Category : Education
Languages : en
Pages : 530
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Book Description
In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal.
Author: Barry Wright
Publisher: University of Toronto Press
ISBN: 1442625988
Category : History
Languages : en
Pages : 540
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Book Description
The fourth volume in the Canadian State Trials series examines the legal issues surrounding perceived security threats and the repression of dissent from the outset of World War One through the Great Depression. War prompted the development of new government powers and raised questions about citizenship and Canadian identity, while the ensuing interwar years brought serious economic challenges and unprecedented tensions between labour and capital. The chapters in this edited collection, written by leading scholars in numerous fields, examine the treatment of enemy aliens, conscription and courts martial, sedition prosecutions during the war and after the Winnipeg General Strike, and the application of Criminal Code and Immigration Act laws to Communist Party leaders, On to Ottawa Trekkers, and minority groups. These historical events shed light on contemporary dilemmas: What are the limits of dissent in war, emergencies, and economic crisis? What limits should be placed on government responses to real and perceived challenges to its authority?
Author: G. Blaine Baker
Publisher: University of Toronto Press
ISBN: 1442648155
Category : History
Languages : en
Pages : 609
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Book Description
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.
