A History of Law in Canada, Volume One: Beginnings to 1866

Philip Girard; Jim Phillips; R. Blake Brown

Published by University of Toronto Press 2018

A History of Law in Canada, Volume One

Beginnings to 1866

Philip Girard , Jim Phillips and R. Blake Brown

Volume 1 in the series Osgoode Society for Canadian Legal History

https://doi.org/10.3138/9781487530587

Overview
Contents

About this book

This volume presents a history of the development of three legal traditions in Canada – the Indigenous, the French, and the English.

Author / Editor information

Girard Philip :

Philip Girard is a professor of law at Osgoode Hall Law School at York University.
Phillips Jim :

Jim Phillips is a professor in the Faculty of Law and the Department of History at the University of Toronto.
Brown R. Blake :

R. Blake Brown is a professor of history at Saint Mary’s University.

Reviews

Philip Buckner, University of New Brunswick:

"[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."

Brian Young, James McGill Professor of Canadian History, emeritus, McGill University:

‘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 "sérieux" and are integrated with the legal history of central Canada in a fascinating, original fashion.’

John McLaren, Faculty of Law, University of Victoria:

‘As is appropriate in a pioneering work of descriptive history, the authors deliberately avoid seeking broad theoretical explanations of trends in legal development in Canadian history and instead relate the evolution of law and the growth of legal institutions to the broader political, economic, social, cultural, and moral contexts that inspired debate around issues of legal change.’

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Foreword Robert J . Sharpe and Mary Stokes Publicly Available Download PDF	xiii
Acknowledgments Publicly Available Download PDF	xv
PART ONE Introduction
1. Introduction Requires Authentication Unlicensed Licensed Download PDF	3
2. Roots: Indigenous Legal Traditions Requires Authentication Unlicensed Licensed Download PDF	26
3. Roots: French Legal Traditions Requires Authentication Unlicensed Licensed Download PDF	42
4. Roots: British Legal Traditions Requires Authentication Unlicensed Licensed Download PDF	60
PART TWO: European Chartered Enterprise, New France, and the Encounter with Indigenous Law, 1500–1701
5. Early Contacts, Early Charters Requires Authentication Unlicensed Licensed Download PDF	83
6. Law and Governance in the French Possessions: Public Law and the Growth of Institutions Requires Authentication Unlicensed Licensed Download PDF	92
7. Law and Governance in the English Possessions Requires Authentication Unlicensed Licensed Download PDF	129
8. The Interface of European and Indigenous Law Requires Authentication Unlicensed Licensed Download PDF	139
9. French Private Law Requires Authentication Unlicensed Licensed Download PDF	150
10. The Early Modern Legacy Requires Authentication Unlicensed Licensed Download PDF	167
PART THREE: The Long Eighteenth Century, 1701–1815
11. Constitutional Law in the Long Eighteenth Century Requires Authentication Unlicensed Licensed Download PDF	175
12. New France/Quebec/Lower Canada: Political Institutions, Courts, and Relations with Indigenous Peoples Requires Authentication Unlicensed Licensed Download PDF	216
13. The British Colonies of Settlement: Political Institutions, Courts, and Relations with Indigenous Peoples Requires Authentication Unlicensed Licensed Download PDF	227
14. The British Commercial Territories: Newfoundland and Rupert’s Land Requires Authentication Unlicensed Licensed Download PDF	252
15. The Legal Professions Requires Authentication Unlicensed Licensed Download PDF	267
16. Criminal Law and Criminal Justice Requires Authentication Unlicensed Licensed Download PDF	275
17. Indigenous Law Requires Authentication Unlicensed Licensed Download PDF	303
18. Private Law: The Civil Law Requires Authentication Unlicensed Licensed Download PDF	320
19. Private Law: The Common Law Requires Authentication Unlicensed Licensed Download PDF	338
20. The Early Modern Legacy Requires Authentication Unlicensed Licensed Download PDF	364
PART FOUR: British North America, 1815–1860s
21. Law in British North America, 1815–1866: Introduction Requires Authentication Unlicensed Licensed Download PDF	373
22. Court Systems and Judicial Personnel Requires Authentication Unlicensed Licensed Download PDF	379
23. Sources of Law and Law Reform Requires Authentication Unlicensed Licensed Download PDF	411
24. Indigenous Law in British North America Requires Authentication Unlicensed Licensed Download PDF	447
25. The Legal Professions Requires Authentication Unlicensed Licensed Download PDF	466
26. Constitutional Developments I: European-Indigenous Relations, the Old Colonial System, and the Rebellions, 1815–ca 1839 Requires Authentication Unlicensed Licensed Download PDF	488
27. Constitutional Developments II: The Act of Union, Responsible Government, and the Origins of Acculturation Policy, ca 1840–1866 Requires Authentication Unlicensed Licensed Download PDF	515
28. Criminal Justice I: Criminal Law, Punishment, and Policing Requires Authentication Unlicensed Licensed Download PDF	543
29. Criminal Justice II: The Criminal Trial Requires Authentication Unlicensed Licensed Download PDF	565
30. Land Law and Policy: Titles, Tenure, Squatters, Indigenous Dispossession, and the Rights and Obligations of Ownership Requires Authentication Unlicensed Licensed Download PDF	587
31. Law and the Economy I: Common Law, Statutes, and the Emergence of the Corporation Requires Authentication Unlicensed Licensed Download PDF	618
32. Law and the Economy II: Debtor-Creditor Law Requires Authentication Unlicensed Licensed Download PDF	646
33. Less Favoured by Law I: Blacks and Workers Requires Authentication Unlicensed Licensed Download PDF	662
34. Less Favoured by Law II: Women and the Law Requires Authentication Unlicensed Licensed Download PDF	683
35. Law and Legal Institutions on the Eve of Confederation: The British North American Legacy Requires Authentication Unlicensed Licensed Download PDF	702
Abbreviations Requires Authentication Unlicensed Licensed Download PDF	707
Notes Requires Authentication Unlicensed Licensed Download PDF	711
Illustration Credits Requires Authentication Unlicensed Licensed Download PDF	887
Statutory and Proclamation Index Requires Authentication Unlicensed Licensed Download PDF	889
Name Index Requires Authentication Unlicensed Licensed Download PDF	891
Topical Index Requires Authentication Unlicensed Licensed Download PDF	895

Language: English
Publisher: University of Toronto Press
Audience: College/higher education;Professional and scholarly;
Pages
- Main content: 928
Keywords: legal; history; pluralism; law; society; colonialism; tradition; modernity; liberal order

eBook

Published: December 21, 2018
ISBN: 9781487530587