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The collection represents a rich array of interdisciplinary expertise, with authors who are law professors, historians, sociologists and criminologists. Their essays include studies into the lives of judges and lawyers, rape victims, prostitutes, religious sect leaders, and common criminals. The geographic scope touches Canada, the United States and Australia. The essays explore how one individual, or small self-identified groups, were able to make a difference in how law was understood, applied, and interpreted. They also probe the degree to which locale and location influenced legal culture history.
This historical annual is the major publication in the general area of the history of crime, the criminal courts, policing, and punishment in all geographical regions and from ancient to modern times. In addition to analytical articles, the annual provides reviews of the major books in these areas as well as book review essays on major publications, collections, new findings, and methodologies. The annual serves both as a forum for the leading research scholarship in these subject areas and as an inter- and multi-disciplinary focus on the crime and criminal justice fields.
On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Rober...
In the late nineteenth century, European expansionism found one of its last homes in North America. While the American West was renowned for its lawlessness, the Canadian Prairies enjoyed a tamer reputation symbolized by the Mounties’ legendary triumph over chaos. Westward Bound debunks the myth of Canada’s peaceful West and the masculine conceptions of law and violence upon which it rests by shifting the focus from Mounties and whisky traders to criminal cases involving women between 1886 and 1940. Lesley Erickson reveals that judges’ and juries’ responses to the most intimate or violent acts reflected a desire to shore up the liberal order by maintaining boundaries between men and women, Native peoples and newcomers, and capital and labour. Victims and accused could only hope to harness entrenched ideas about masculinity, femininity, race, and class in their favour. The results, Erickson shows, were predictable but never certain. This fascinating exploration of hegemony and resistance in key contact zones draws prairie Canada into larger debates about law, colonialism, and nation building.
Inspired by the work of intellectual historian J. G. A. Pocock, this 1993 collection explores the political ideologies of early modern Britain.
This study is devoted chiefly to Ellesmere's career and writings as Lord Chancellor, 1603-1617. After an introduction to his life and career from 1541 to 1603, Part One is a study of his role in the legal and political history of Jacobean England. In order to place the analysis of law and politics in a broader context, topics discussed include economics, religion, social customs and thought, in addition to questions concerning the forms of action at common law, disputes between the courts, law and equity, and the political activities of Parliament, the Privy Council, and the Crown. Part Two consists of a critical edition of eight of Ellesmere's little known or unidentified tracts on the royal prerogative, Anglo-Scots Union, the Parliament of 1604-1610, the administration of government, law reform, the ecclesiastical courts, Coke's Law Reports and the Chancery-Common Law conflict.
This 2001 book examines the ways in which books were produced, read and received during the reign of King James I. It challenges prevailing attitudes that press censorship in Jacobean England differed little from either the 'whole machinery of control' enacted by the Court of Star Chamber under Elizabeth or the draconian campaign implemented by Archbishop Laud, during the reign of Charles I. Cyndia Clegg, building on her earlier study Press Censorship in Elizabethan England, contends that although the principal mechanisms for controlling the press altered little between 1558 and 1603, the actual practice of censorship under King James I varied significantly from Elizabethan practice. The book combines historical analysis of documents with literary reading of censored texts and exposes the kinds of tensions that really mattered in Jacobean culture. It will be an invaluable resource for literary scholars and historians alike.
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Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.
Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke's legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars.