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An engrossing history, Fish, Law, and Colonialism recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law. Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines ...
In the wake of the tragedy and destruction that came with Hurricane Katrina in 2005, public schools in New Orleans became part of an almost unthinkable experiment—eliminating the traditional public education system and completely replacing it with charter schools and school choice. Fifteen years later, the results have been remarkable, and the complex lessons learned should alter the way we think about American education. New Orleans became the first US city ever to adopt a school system based on the principles of markets and economics. When the state took over all of the city’s public schools, it turned them over to non-profit charter school managers accountable under performance-based ...
This elegantly written and insightful book provides a geographical history of the Indian reserve in British Columbia. Cole Harris analyzes the impact of reserves on Native lives and livelihoods and considers how, in light of this, the Native land question might begin to be resolved. The account begins in the early nineteenth-century British Empire and then follows Native land policy – and Native resistance to it – in British Columbia from the Douglas treaties in the early 1850s to the formal transfer of reserves to the Dominion in 1938.
How was it that the Torrens system, a mid-nineteenth-century reform of land titles registration from distant South Australia, gradually replaced the inherited Anglo-Canadian common law system of land registration? In The Law of the Land, Greg Taylor traces the spread of the Torrens system, from its arrival in the far-flung outpost of 1860s Victoria, British Columbia, right up to twenty-first century Ontario. Examining the peculiarity of how this system of land reform swept through some provinces like wildfire, and yet still remains completely unknown in three provinces, Taylor shows how the different histories of various regions in Canada continue to shape the law in the present day. Presenting a concise and illuminating history of land reform, he also demonstrates the power of lobbying, by examining the influence of both moneylenders and lawyers who were the first to introduce the Torrens system to Canada east of the Rockies. An exact and fluent legal history of regional law reforms, The Law of the Land is a fascinating examination of commonwealth influence, and ongoing regional differences in Canada.
This book is the only text devoted entirely to archaeological stratigraphy, a subject of fundamental importance to most studies in archaeology. The first edition appeared in 1979 as a result of the invention, by the author, of the Harris Matrix--a method for analyzing and presenting the stratigraphic sequences of archaeological sites. The method is now widely used in archaeology all over the world. The opening chapters of this edition discuss the historical development of the ideas of archaeological stratigraphy. The central chapters examine the laws and basic concepts of the subject, and the last few chapters look at methods of recording stratification, constructing stratigraphic sequences,...
Landing Native Fisheries reveals the contradictions and consequences of an Indian land policy premised on access to fish, on one hand, and a program of fisheries management intended to open the resource to newcomers, on the other. Beginning with the first treaties signed on Vancouver Island between 1850 and 1854, Douglas Harris maps the connections between the colonial land policy and the law governing the fisheries. In so doing, Harris rewrites the history of colonial dispossession in British Columbia, offering a new and nuanced examination of the role of law in the consolidation of power within the colonial state.
This is the second of three volumes in an important collection that recounts the sweeping history of law in Canada. The period covered in this volume witnessed both continuity and change in the relationships among law, society, Indigenous peoples, and white settlers. The authors explore how law was as important to the building of a new urban industrial nation as it had been to the establishment of colonies of agricultural settlement and resource exploitation. The book addresses the most important developments in the seventeenth, eighteenth, and nineteenth centuries, including legal pluralism and the co-existence of European and Indigenous law. It pays particular attention to the Métis and the Red River Resistance, the Indian Act, and the origins and expansion of residential schools in Canada. The book is divided into four parts: the law and legal institutions; Indigenous peoples and Dominion law; capital, labour, and criminal justice; and those less favoured by the law. A History of Law in Canada examines law as a dynamic process, shaped by and affecting other histories over the long term.
In 1899 the Canadian government passed legislation to replace the appointment of Mi’kmaw leaders and Mi’kmaw political practices with the triennial system, a Euro-Canadian system of democratic band council elections. Officials in Ottawa assumed the federally mandated and supervised system would redefine Mi’kmaw politics. They were wrong. Drawing on reports and correspondence of the Department of Indian Affairs, Martha Walls details the rich life of Mi’kmaw politics between 1899 and 1951. She shows that many Mi’kmaw communities rejected, ignored, or amended federal electoral legislation, while others accepted it only sporadically, not in acquiescence to Ottawa’s assimilative project but to meet specific community needs and goals. Compelling and timely, this book supports Aboriginal claims to self-governance and complicates understandings of state power by showing that the Mi’kmaw, rather than succumbing to imposed political models, retained political practices that distinguished them from their Euro-Canadian neighbours.
A scientific response to the best-selling The Bell Curve which set off a hailstorm of controversy upon its publication in 1994. Much of the public reaction to the book was polemic and failed to analyse the details of the science and validity of the statistical arguments underlying the books conclusion. Here, at last, social scientists and statisticians reply to The Bell Curve and its conclusions about IQ, genetics and social outcomes.